P.B. from Hartford County, Connecticut writes:
Dear Mister Condo,
I have asthma and need AC to maintain my health. Prior approval is required to replace an external AC unit which I submitted yesterday. The Property Management and Board have yet to respond, however, when I did an emergency furnace replacement they approved same day. My focus is to maintain my health. Can I proceed without legal repercussion as this is a health-related issue?
Mister Condo replies:
P.B., I am sorry that you haven’t heard back quicker from your BOD or Property Manager. Neither is likely to stand in your way of replacing your Air Conditioner but you are wise to follow the rules. I cannot offer you any legal advice in this column but as a matter of your health, I don’t see what choice you have. If you are replacing you’re A/C with an identical unit, I can’t see where the association would have a problem. If you are modifying the exterior of your unit or replacing with a different make and model, you may still require permission. I’d hate to see you spend all that money on a new A/C unit only to find it not approved by your association. Is there no one at the association to call? Most associations have a FAST TRACK approval for emergency replacements. This is common for storm-damaged roofs, and such. Clearly, you have a need for a FAST TRACK approval here. Your health comes first. You are armed with what you need to know to make the best decision possible. All the best!
In many associations, the external AC unit is part of the unit and is the owner’s responsibility to repair or replace. Unless the new unit is being relocated or requires taking more common element space, I would think that you can proceed without permission.
You should research your legal documents to be sure you are within your rights.