C.T. from Fairfield County, Maryland writes:
Dear Mister Condo,
I live in a high-rise condo in a retirement community. I would like to install a walk-in tub in my unit on a top floor. The association has deferred my request citing the need for more research. Can they deny my request even though the by-laws do not restrict the tub?
Mister Condo replies:
C.T., without seeing your governing documents that is a difficult question to answer. Many associations restrict hot tubs, water beds and other heavy-weight items because they are concerned of the structural damage from the weight and the water damage should the product fail. Walk-in tubs are fairly new to the market and are very popular. That being said, if the top floor isn’t strong enough to support the weight of the tub when full, you can see where that is more than just an approval problem. You or a downstairs neighbor could get hurt. Just because an item isn’t precluded from being added to your condo that doesn’t mean it must be allowed. I have to side with your Board on this one. So far, they haven’t denied your request but they have deferred it until they can get more information. I think that is the wisest choice they can make until they know more. Hopefully, your building can support the weight and the project will be approved. If not, at least, you will know they practiced due diligence and didn’t deny your request without cause. All the best!