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I am in an HOA. The HOA wants an air conditioner unit at the…

Customer Question
I am in an...

I am in an HOA. The HOA wants an air conditioner unit at the rear side of the home to be removed but the bylaws states must be removed from front wall or Windows. Also individual in the home previously had throat cancer and is in recovery. The doctor sent a letter to the HOA to allow the air conditioner along with the humidifier. The HOA is refusing to budge. What can we do?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Texas

Lawyer's Assistant: Has any paperwork been filed?

No, only signed dated letter from the cancer doctor

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
11/17/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,246
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the bylaws do not provide for removal of a rear unit, only front wall or windows, the HOA has no authority to demand removal. Furthermore, you need to write a letter to the Board and inform them not only is their demand contrary to the bylaws, but you have requested reasonable accommodations under the Americans with Disabilities Act as enforced through the Fair Housing Act and even if the unit was in violation, which it is not, them denying this reasonable accommodation would violate the ADA and FHA.

If they continue to insist after you do that, then your next step is filing a lawsuit in court for a declaratory judgment and also for violation of the ADA and FHA.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 7 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
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Real Estate Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

I will be glad to send you a premium service offer for a phone call, if you do not wish to pay for premium service we can continue here at your original price by you using the REPLY button.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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