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  1. #1
    Join Date
    Nov 2009
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    3

    Default Vindictive Board Ordering Me to Remove Washer/Dryer

    My question involves a condominium located in the State of: California

    My board is vindictively ordering me to remove a washer/dryer that was installed a year ago as payback for complaining about other unrelated actions of the board.

    I installed a washer/dryer a year ago. I originally asked for permission to install the units about 6 months before installation as our condo allows washer/dryers but requires "board approval". The board asked me for blueprints of the proposed project and reminded me that only "ventless" dryers are allowed.

    I never sent them blueprints as the installer didn't have that facility. And the representative of our management company informed me during the beginning of my installation that proper approval had not been given for the installation.

    However, the rep told me verbally that ""she had worked it out with the board and everything is OK now." She then step by step worked with me on all of the installation steps: talking to my contractor, approving a vent that needed to be added even though the dryer was ventless etc. There are about 20 emails over a 3 month period that shows that she was not only aware I was installing these units but working with me on the project and told me that she was working on my behalf with the board.

    After the units were installed, she said that she wanted to inspect the installation to make sure I used a ventless dryer etc. I made three appointments with her but she never showed up.

    Fast forward to one year later, I get a letter from the condo association lawyer that says that I must immediately remove the washer/dryers or they will take legal action against me because I didn't get prior approval from the board.

    This letter comes on the heels of other complaints I have made about the underhanded dealings of the board and our management company: I believe I am getting retribution for speaking out against the board's actions.

    Questions:

    1. Does the Management company's countenance of my washer/dryer installation make the installation approved?

    2. What legal actions could the HOA take against me to make me remove the washer/dryer?

    3. How do I handle the retribution aspect?

    I would prefer not to hire a lawyer and escalate the rhetoric at this point.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Vindictive Board Ordering Me to Remove Washer/Dryer

    1. Does the Management company's countenance of my washer/dryer installation make the installation approved?
    Not unless that one person had authority to make the approval unilaterally.

    2. What legal actions could the HOA take against me to make me remove the washer/dryer?
    whatever your HOA rules allow (fines possibly) or a court action to demand you take the required action.

    3. How do I handle the retribution aspect?
    Well, if you did not receive approval from the board, it is difficult to claim it is retribution. It looks like a simple act of enforcing the rules.

    I would prefer not to hire a lawyer and escalate the rhetoric at this point.
    escalate the rhetoric? How about hiring a lawyer to defend your position for when they actually go to the next step.

    And the representative of our management company informed me during the beginning of my installation that proper approval had not been given for the installation
    .It sure looks like that person was covering their rear and as such, now, you have no claim that that person stated you had approval. Since you did not comply with the required rules, did not have permission from the board, and have the statement that the person you were dealing with specifically informed you that you did not have the required permission; I do not see anything to support your refusal to comply with their demands.

    However, the rep told me verbally that ""she had worked it out with the board and everything is OK now." She then step by step worked with me on all of the installation steps: talking to my contractor, approving a vent that needed to be added even though the dryer was ventless etc. There are about 20 emails over a 3 month period that shows that she was not only aware I was installing these units but working with me on the project and told me that she was working on my behalf with the board.
    If this person had the authority to make unilateral decisions in behalf of the board, I would say you have a good argument. I somehow doubt this person has such authority though.

  3. #3
    Join Date
    Nov 2009
    Posts
    3

    Default Re: Vindictive Board Ordering Me to Remove Washer/Dryer

    Thanks for the feedback. But given that the management company is telling me they have received the approval and they are working with me, is my beef with the management rep then? There are no grounds for the board to refuse approval of the units: they are legal and others in the complex have them. So what is to be gained by making me remove them when I would just ask to install them again?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Vindictive Board Ordering Me to Remove Washer/Dryer

    But given that the management company is telling me they have received the approval and they are working with me, is my beef with the management rep then?
    I do not know the process for obtaing approval so the agent may or may not have been able to obtain and convey their approval without your involvement. If your involvement was necessary, then obviously the agent could not have obtained their approval without you also having direct knowledge.

    There are no grounds for the board to refuse approval of the units: they are legal and others in the complex have them.
    yes there is. You did not supply the required drawings. That alone would give the a position of correctness in demanding the removal.

    So what is to be gained by making me remove them when I would just ask to install them again?
    to make you follow the rules.


    have you considered applying for their permitted use now and providing proper documentation? If they are generally permitted, I would suggest if they demand the removal even in light of being provided proper documentation, then, you might have some sort of claim.

    Until you conform to the rules, you have a very weak position.

    The board asked me for blueprints of the proposed project and reminded me that only "ventless" dryers are allowed.
    How was this request conveyed to you? In person? In a letter from the board? In a letter from the agent that eventually stated they board had provided approval?

  5. #5
    Join Date
    Nov 2009
    Posts
    3

    Default Re: Vindictive Board Ordering Me to Remove Washer/Dryer

    >have you considered applying for their permitted use now and providing proper documentation? If they are generally permitted, I would suggest if they demand the removal even in light of being provided proper documentation, then, you might have some sort of claim.

    Legal claim in court? This is an under 20 unit complex so there is no formal declaration about what is involved with getting "board approval". I can provide drawings for them I guess: who could make those drawings? The person who installed them I don't think has that capability.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Vindictive Board Ordering Me to Remove Washer/Dryer

    I don't know what the drawings are needed for so I cannot comment on who might be able to provide such drawings or what they are to include.

    eventually, their claim could be taken to court. That is how such situations are often remedied if neither party yields to the other. If your HOA rules allow other methods, or better yet, requires other methods of negotiations first, then those methods must be exhausted first.

  7. #7
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Vindictive Board Ordering Me to Remove Washer/Dryer

    I don't get it. Why do you need permission. I assume the units are within your condo. They are apparently ventless so you didn't have to put holes in the wall or have vents installed on the outside of the building.

    Is the electric bill common? If you pay your own electricity, what does the board care who has a washer/dryer and who doesn't? Is the water common?
    If utilities are common it would make sense just to have a small additional condo fee to cover that.

    What is the criteria for approval? Why would drawings be required?

    It sounds like the condo rules are arbitrary and capricious and unenforcable. How will they justify their position in court. I would tell them that. Why would they waste the condo owner's money on such a minor thing?

    The entire thing is absurd.

  8. #8
    Join Date
    Sep 2005
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    98,846

    Default Re: Vindictive Board Ordering Me to Remove Washer/Dryer

    What's the root of the problem? Your adding a vent for a dryer that was supposed to be ventless? Because, as you say, you were permitted to have a washer and dryer and it's difficult to conceive that your unit wasn't plumbed and wired for a washer and dryer as part of its basic construction.

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