Q Please comment on the changing of the exterior portions of the condominium,
i.e., walls, doors, windows and air conditioners. What is the responsibility of the management company and the owner? Can an owner be sued for installing a new air conditioner, provided by a company
with a license and who is insured? Is there any basis for fining an owner for this?”
—Concerned About Changes
A “It’s common for an association’s documents,” says Matt Zifrony, director of the Fort Lauderdale-based law firm of Tripp
Scott, “to restrict the types of changes that an owner can make to the exterior of their
unit. After all, knowing that your neighbors can’t make certain changes is a big part of why people choose to live in an
association setting. If an owner desires to make a change, they’ll likely be required to first receive the approval of their association. The
association whether through its management company or otherwise, would be
obligated to act reasonably when reviewing a unit owner’s request. It must also treat all unit owners equally. An owner that made changes to the
exterior of their unit without obtaining association approval (and regardless
of what the change may be) could be subject to an enforcement action brought by
the association. Forms of enforcement actions include but are not be limited to
bringing suit or seeking to fine the violating owner.
“The likelihood is that an association wouldn’t have a problem with an owner installing a new air conditioner through a licensed and insured installer—but the owner would likely need to ask the association for permission up front in order to install it.”
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