We own a 3rd floor condo in South Florida where we are having problems with the A/C. The A/C company has determined that there is a freon leak somewhere in the cooper line somewhere in the building or even underneath the building. It is virtually impossible to fix this without cutting the walls open in all the condo units below, and even after that the leak could be under the building.
They (the A/C company) are suggesting to run a new cooper line on the outside of the building up to our unit. This would be very costly as it is but now on top of that the HOA which we need to ask for permission HAS DENIED OUR REQUEST to run that cooper line. They are unwilling to work out any solution with us, they just don't care.

What can we do? Can we sue the HOA? Do we have a right to A/C? This is a top floor unit and gets extremely hot.

Is it a flat roof?
I would contact a lawyer. In PA sometimes the hoas allow them to do so but they have to be run in a chase or comthing that matches the building, or even they use gutter systems to hide the lineset.

Although I cannot find it, there is a product that looks like a downspout that makes the unsightly freon lines look more aesthetic.

If you approached th HOA with this option, they may bend.

Found it:

http://www.mrslim.com/Products/Category.asp?ProductCategoryID=22

Exposed lines are UGLY!

No it's not a flat roof and thanks the link... this might be worth looking into.

But I want everybodies opinion on this part of the Condo Declaration:
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Maintenance, Limitation upon Alternation and Improvement
Units
A. By the Association

The Association shall maintain, repair, and replace at the Associations expense all portions of the unit that contribute to the support of the building, incl but not limited to the perimiter walls, columns, roof and floors and also all exterior doors of the unit. The association shall also maintain , repair and replace wiring, piping, ductwork and other mechanical or electrical or other installations or equipment serving the common elements or more than one Unit not elsewhere required to be maintained by the Unit owner. If however, any such maintenance, repair or replacement becomes necessary because of the negligence, act or omission of a Unit owner, his family, lessees, invitees, or guests, then the work shall be done by the Association at the expense of the Unit owner, and the cost shall be recovered by a charge against the unit. The association's responsibilities include, without limitation:
(1) Electrical wiring up to the circuit breaker panel in each unit
(2) Rough plumbing up to the supply valve
(3) All installations located within one unit but serving another unit, or located outside the Unit, for the furnishings of utilities to more than one unit or the common elements
(4) The exterior surfaces of the entrance door
(5) All exterior building walls
(6) Roofs
(7) Infrastructure not dedicated to Lee County
(8) Elevators, stairways and walkways

All incidental damage caused to a unit by work done or ordered by the Association shall be promply repaired by and at the expense of the Association which shall restore the Unit as nearly as practical to its condition before the damage.

B. By the unit owner.

each unit owner is responsible, at his own expense, for all maintenance, repairs, and replacements for his own unit, for all window glass, screening and sliding glass doors, and of such portions of the plumbing, heating and air conditioning equipment and other facilities or fixtures as are located entirely within his own Unit or which service his own unit; provided, however, that any insurance proceeds payable to the Association with respect to the loss or damage within the Unit which are covered by the Association's insurance, and which loss would otherwise be borne by the Unit owner, shall be paid to such owner, less any deductible required by the insurance policy. The Unit owners responsiblities include, without limitation:
(1) Screens, Windows, and window glass
(2) The entrance door to the Unit and its interior surface
(3) All other doors affording accress to the Unit
(4) The electrical, mechanical and plumbing fixtures (incl. connections), switches and outlets
(5) the circuit breaker panel
(6) appliances and water heaters
(7) All air-conditioning and heating equipment, ducts and installations serving the unit exclusively
(8) Carpeting and floor covering
(9) Door and window hardware and locks
(10) Interior wall covering
(11) All other facilities or fixtures which are located entirely within the unit


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I'm having a hard time interpreting this. According to B7 the A/C is certainly our responsibility but if we need to cut open walls and floors in the units below us (which appears to be the only way to fix the problem since they don't allow us to run the new line) will it become the Associations responsibility? The fix will certainly impact other units and their pipes accourding to the A/C guys.

If the building is served by a central air system that is common to multiple units, it's the HOA's responsibility. If the problem is restricted only to your unit and does not affect any others, then its your problem.

Is it possible to install window or through the wall room units?

No, everybody has it's own A/C unit. But fixing this will affect 2 other condos below us as they will need to tear open walls and floors in those units.
Certainly possible to use window units but I don't see any chance for them to allow that either.

Hello j:

I don't know how your unit works, but if the problem is located WITHIN your walls, it's YOUR problem. If, however, the problem is located within COMMUNAL walls, it's the HOA'S problem.

Please tell us who you think is responsible for fixing the problem correctly, and not jury rigged like you want?

IF the answer is the HOA, then order the fix and bill them. If it's YOU, then order the fix and pay for it.

I just read your post above, and it indicates that you don't know the answers to my questions... Therefore, you're going to have to GET them. I suggest you hire an attorney in order to accomplish that.

You CAN see the fight developing, can you not? Defend yourself. Yes, you ARE entitled to cool air.

excon

The problem is not within my walls, it is within the walls of the unit below me OR the unit below that one or under the entire building. The A/C company has 100% ruled out that the problem is within my walls! I thought I had made that clear.
I would order the work and pay for it, believe me! But I can't order them to enter the units below me and cut open their walls to find the leak - how am I supposed to do that?

how am I supposed to do that?
it indicates that you don't know the answers to my questions.... Therefore, you're going to have to GET them. I suggest you hire an attorney Hello again, j:

My advice above stands.

excon