Condo Radiant Flooring Failure Creates Big Problem

J.G. from Massachusetts writes:

Dear Mister Condo,

My condo had radiant floor heating. The heating split in the floor and is unable to be fixed. I have requested quotes from several different HVAC installers and they all have come up with a heating system that requires an outside condenser. My question is if the association says no to the condenser outside my unit what are my rights to having an affordable working heating system in my unit?

Mister Condo replies:

J.G., I am sorry to say that you would have almost no “rights” to installing a new HVAC unit on the association common grounds as it is owned by the association and not you. I have to question the lack of repair available to you and I would strongly suggest you contact other repair people who specialize in radiant floor heating. You are certainly well within your rights to petition the Board to allow for an HVAC installation outside of your unit. Are other units in your condo heated or cooled with external units? If so, you can argue that the precedent has been set and that you are simply doing what other unit owners have already done. In my experience, Boards aren’t likely to get in the way of an HVAC unit being installed where other units are already present. However, they may dictate that your new unit be like kind and model as others already on the grounds. This is their right under architectural compliance. My guess is you will either find a different repairman to fix your radiant floor heating system (ideal) or you will have the Board tell you which type of heating system they will allow or they will ask you to provide the specification for your installation and will either approve or deny based on the architectural compliance guidelines established for the association. All the best!