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Condo Law/Roof Air conditioners-Condo Board

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Question
Hi,

I am on a condo board in New Hampshire which is comprised of 104 units. The roof of the building is in need of a new roof.

The roof is considered common area so the entire association is responsible for the repairs. Approximately 20 years ago, the BOD at that time authorized placing air conditioners for the top floor units on the roof. The roofer has suggested that the air conditioners be placed on the deck and not the roof. Would it be the Association's responsibility to absorb the cost of relocating the air conditioner units or the owner.

It appears that many of the BOD at that time had top floor units so it was somewhat self serving. Could the current BOD request removal or have the roofer discard the air conditioning units.

Thx

Answer
Ok let me try to explain in detail how this whole thing should go down.  First I can only answer your question based on condo law in the state of Florida.   The simple thing the board must first do is to have a meeting about this with all condo owners.  A notice must be posted 48 hours before letting all condo owners know there is a meeting.  Also on this notice an addenda must tell everyone what this meeting is about.   A board CAN NOTE VOTE on anything if the notice does not say a vote will be taken.  Going forward the board needs to obtain an engineers report on where they want to replace the conditioners.  Next step a city permitt MUST be obtained listing what work will be done.   The company who does the work should know all this.   I just wanted to give you some idea.   Now after giving this a lot of thought here is the answer to your question.  Rules have change since the last time they were moved.  A board can not make the condo owner. Pay for the relocation of the air system.  If they want it move there has to be a good reason.   Example. A danger to the roof.  Not to say they just want the roof to look pretty. So if they want it moved the board needs to take it out of the budget and they must pay.   But remember before anything can be done there would be a long process to get to that point.   One factor if you follow what l say will help.   Take a look at your condo documents and amendments.   Read them. See if there is anything that talks about this subject.  When a board votes a passes a rule it must be in your documents.  Do you know for sure that there was a vote the first time or did someone tell you.   One trick a board does l was President of mine for 10 years.  Boards love to tell a condo owner about their rules. Thinking that a condo owner knows nothing about their documents  so as l did to is stretch the truth a lot.  I hope this helps. Anymore questions write back.  There is a lot more l can tell you but it will take 3 more pages.  Keep me advised please

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STUART FISHER

Expertise

I can answer most condo questions when it comes to Documents and Amendments in the state of Florida. Most other states seem to have similar condo regulations. I am not a condo lawyer so when it comes to things out of my expertise l will not be able to address them. Since l have experienced most issues a condo board could experience l will be able to answer all questions.

Experience

I have been the President of my 55 and over Condo Association now for over 8 years. I have been on my board as VP for 4 years before that. I have experience with taking condo owners to court and what to or not to do. I have experience when condo owners do not pay their fees or late with their fees. There are far too many things that can do wrong for me to list them here that l have had experience with. I also sit on my Master Association Board where over 12,000 people live. So you see l have many years of experience that l may be able to handle. I also retired after working over 35 years in a Retail Middle Management position not only in store level but also in the main office of many major retail chain stores

Organizations
I belong to a major condo association that is consistently keeping board members aware of any changes in Condo law.

Publications
Sun Sentinel Newspaper

Education/Credentials
I hold a BA in Business Management and a ASSO Degree in Communication

Awards and Honors
I have been the subject of many articles written by our newspaper about condo subjects which included the issues with following condo procedures, how to solve condo disputes and how when is the right time to take action. I have been asked to be a guest speaker as part of a 5 member panel (Whom the other 4 members were all lawyers) in front of a large group of people sponsored by our newspaper at a major college. The subject at this meeting was on problems condos face and how to handle these problems. Following procedures and creating procedures that make sense.

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