Enlist the Condo Board to Battle Neighbors' 'Laundromat'

Q. The neighbors below our condominium unit installed their washer and dryer in the kitchen porch and vented the exhaust pipe into the back stairs. The polluted air and lint particles are blown into our unit, severely affecting my allergies. It also makes our unit smell like a laundromat. It is my understanding that this in a violation of the building code in our area: The venting must go outside. The back staircase is part of the building.

The unit is now for sale. I wrote a letter requesting that the owners reinstall these appliances to comply with code. I sent a copy to the real estate agent. My requests have been ignored. Our management company had a contractor inspect the installation, and everyone agrees that the owners have to correct the situation. What could we do, short of taking legal action, to get them to comply?

A. This is an issue for your condominium association. You should demand that your board act immediately. The association's lawyer should write those owners telling them that a suit will be brought against them if they do not promptly correct the situation.

You should also demand that the county or city permits and inspection department take appropriate administrative action. If this is a code violation, it must be corrected -- and the government has the authority to ensure that codes are honored.

The association has another tool. The condominium laws in all three Washington area jurisdictions require that a potential condominium buyer receive what is known as a "resale package." This generally consists of such items as copies of the association legal documents (declaration, bylaws, and rules and regulations), a current budget, a statement of the amount of money in a reserve account and the most recent audit report.

More importantly, this resale package can also advise potential buyers of the code violation. In Virginia and the District, associations are required to provide "a statement that any improvements or alterations made to the unit . . . are not in violation of the condominium instruments."

In Maryland, the law is even clearer. The association must provide a statement as to whether it has "knowledge of any violation of the health or building codes with respect to the unit."

You should insist that your board of directors include a statement in the resale package alerting potential purchasers that there are housing-code violations in connection with the installation of that unit's washer-dryer.

There are two basic limitations regarding the resale package. First, some small condominium associations (those with fewer than seven units in Maryland and three or fewer units in Virginia) are exempted from some of the statutory resale requirements.

Second, and perhaps of greater significance, too many potential buyers just do not read these resale packages. This is unfortunate because the purpose is to educate buyers about the pros and cons of the condominium association for the place they are considering as their home.

It is important to understand that any community association -- condo, cooperative or homeowners association -- is governed by two separate sets of laws. The state (or District of Columbia) has procedures that must be followed, such as zoning, housing codes and human rights obligations.

But associations also have their own rules that are binding on owners and members. Typically, to install an item such as a washer-dryer, the unit owner must submit plans to the board of directors for approval. Included are such items as the scope of work, whether the contractor is licensed appropriately and whether there is adequate insurance coverage. It would appear that your neighbor may not have obtained those approvals. Your board must take appropriate -- and immediate -- action.

Finally, you should follow up on your complaint to the real estate agent handling that sale. Because the agent has ignored your letters, I suggest that you contact the manager of the real estate office to discuss your concerns. Follow your conversation with a letter, just for the record.

Your problem is not unique. Especially in this economic climate where homes are slow to sell, many owners are upgrading their units. They must understand, however, that in most cases, the board of directors must review and approve the plans before construction begins.

Benny L. Kass is a Washington lawyer. For a free copy of the booklet "A Guide to Settlement on Your New Home," send a self-addressed stamped envelope to Benny L. Kass, 1050 17th St. NW, Suite 1100, Washington, D.C. 20036. Readers may also send questions to him at that address or contact him through his Web site,http://www.kmklawyers.com.