HOA will not let me store my washer and dryer...

[sisterneedshelp]

What is the name of your state (only U.S. law)? CA

I bought my condo back in 2005, when we were sold the condo they the builder said washer and dryers could be installed. We had them installed and now fast forward 5 years later they are asking us to take them out. The HOA is threatening to fine us if we do not remove the washer and dryer. Our HOA says that the washer is not suitable for the plumbing for the building. I spoke with the city about the situation and they said we can have them installed but it’s the HOA that voted against them, the building is able to sustain the plumbing as is. Our condo complex is hanging by a thread foreclosures have raised and no one is paying their HOA fee. Thankfully we have been current on our mortgage and HOA dues. Now, I have to appear in front of our HOA committee to discuss the matter. I will unplug my washer and dryer; however I do not want to remove them from my utility closet. I do not want to be the cause of a flood, because as a homeowner I know I will have to pay for it not the HOA. Nor do I want the HOA to put a lien on my home.

What advice can anyone give me in order to keep my washer and dryers in my utility closet? In good faith I would like to keep my washer and dyer in my utility closet without getting fined.

 

[You Are Guilty]

What exactly do your CCRs and/or bylaws say about maintaining a washer and dryer?

 

[swalsh411]

You've been using these for 5 years. Has it caused any problems? Why do they say the plumbing can't handle it? Is this the opinion of an actual plumber?

 

[sisterneedshelp]

What exactly do your CCRs and/or bylaws say about maintaining a washer and dryer?

Not sure, I will check them out though. Do you know where it might be stated in the CCR's/Bylaws? Thanks for responding....

 

[sisterneedshelp]

You've been using these for 5 years. Has it caused any problems? Why do they say the plumbing can't handle it? Is this the opinion of an actual plumber?

Yup for 5 years and it has cause us no problems not even our upstairs neighbort. No problems in our whole building, I spoke to the few owners that have washer and dryers and nothing. The plumber that installed our washer said the plumbing was fine.

 

[TinkerBelleLuvr]

Look thru your HOA paperwork for anything on washers/ dryers. Along with that, check to see if there are any restrictions with the architecture committee. They've been known to hide things thru there.

 

[You Are Guilty]

There does not have to be a "legit" (logical) reason for the appliance ban. If the bylaws were properly amended, then they can ban them simply because they think dryers are really radio receivers for our alien overlords.

Your potential arguments here are 1) the bylaws, offering plan, declaration, CCRs, etc. were not "properly" amended to prohibit washers. Most condos require a significant amount of owners voting to amend (2/3 is common), and often have strict procedures by which the voting is to be carried out. Many times the HOA cuts corners and doesn't follow the rules.

If you have the rare HOA that is playing by the book, you have an alternate argument, albeit a significantly weaker one. If the rules were changed 5 years ago, and the HOA knew you still had/used your washer and dryer all that time, you can try arguing that they are "estopped" from enforcing the rule now by virtue of the passage of all that time when they took no action.

Arguing equities with an HOA is never a great idea to begin with, plus you would have to prove they had actual notice of your continued use of the appliances to even have a shot. So, do your homework and keep your fingers crossed that the HOA did violate the voting rules when they banned the washing machines. (And if by some miracle they didn't, expect to be fined for your non-compliance with the Rules).

Good luck.

 

[TinkerBelleLuvr]

Who pays for the water in your unit? Who pays for the other utilities?