Question:
We llve in a community, called Scottsdale Shadows (13 bldgs, 7 HOA) Each HOA has it’s own “rules”. Our bldgs have Heat and AC in the garage/basementChiller/Boiler etc.) and each unit 72 in B. 26, has access to heat and AC via an air handler. The proper functioning of the air handler and repairs is the duty of each owner.
We have had bad luck with AC replacement/repairs and our “unit” replaced in 2021, has had many problems. We need repair. The Board does not allow the repair until the temps are consistently in the low to mid 80s. Subsequently, we have been without AC for over 4 weeks and are keeping cool with portables from neighbor and another one we purchased. We are both 83, my husband has Parkinson’s and we could not convince our HOA, that Air Condition is a MUST. I have searched for relief locally and short of hiring a lawyer, we have not succeeded in getting any help. What can we do? Thank you very much.
– Sigrid
Answer:
Hi Sigrid,
Kindly review your governing documents to see if repairs like these require board approval or if there are other related provisions regarding this issue. You may also use the dispute resolution procedures that may be outlined in the governing documents to resolve this issue with the board. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
