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Can Your Homeowners’ Association Require the Removal of Air Conditioning for This Reason?

In many residential communities, property owners are required to follow a set of regulations that govern coexistence and the use of common spaces. One issue that has gained prominence in recent years is the installation of air conditioning in homes. While this cooling system has become almost essential during hot months, there is one detail that can complicate its use: the building’s facade.

A recent ruling by the Supreme Court has made it clear that homeowner associations have the authority to require residents to remove their air conditioning units if they negatively affect the aesthetic appearance of the property. According to the regulations governing horizontal property ownership, there is an obligation to maintain the facade of the building in good condition and to avoid alterations that could harm its image.

This court ruling establishes that any installation deemed detrimental to the visual harmony of the building may be sufficient grounds to demand its removal. As a result, many owners are reviewing their community’s internal regulations to ensure their air conditioning complies with all established guidelines.

Real estate law experts emphasize that obtaining community approval before installing any system that might modify the facade is crucial. Failure to adhere to these rules could result in fines and, in extreme cases, the obligation to uninstall the unit.

Therefore, property owners are advised to consult with the community and, if necessary, submit a project that respects the building’s aesthetics. In some cases, less invasive solutions may be more acceptable and help avoid future conflicts.

As temperatures continue to rise and heatwaves become more frequent, the need for cooling in homes is increasingly urgent. However, it is essential to strike a balance between this necessity and respect for community agreements, thus ensuring harmonious coexistence among all residents.

via: MiMub in Spanish

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