How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask William B. Esq. Your Own Question

William B. Esq.
William B. Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 3007
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
71563194
Type Your Real Estate Law Question Here...
William B. Esq. is online now
A new question is answered every 9 seconds

We are leasing a upscale condo for 18 months. Our condo is

Resolved Question:

We are leasing a upscale condo for 18 months. Our condo is the only one on the 20th floor. We were told it was permissible to decorate in the lobby space by the elevators.
We put in, what we thought was a very nice decoration, an fully restored antique 19th C. Rik Shaw with an antique Chinese goldfish tub with plants. We checked with the local fire department to make sure it was not too large and not a fire hazard. No Problem.
We then then contacted by the residents on the 29th floor (they have a fire escape door on the 20th floor) but we almost never see them up here. We were then told that there is an
informal agreement" that all tenents on a floor have to be in agreement with any decorations placed. Three of the four owners have a two story condo and one phoned and said that he thought the docoration was beautiful but too large. We had the Rik shaw taken out to be refurbished as is necessary about every two years. Left was a teak bench, on which was placed the fish tub with a few plants. We also left two antique Chinese vases, one on either side of the bench.

We had not heard from our Landlords so e-mailed them and asked them their opinion--which was vague but supportive.

The next thing was that the three 19th Floor condo owners wrote to the board to complain. We were never contacted in person by our landlords, the condo owners, or the Condo Board. The condo board made a motion that the "informal agreement" should be amended to say that the total square footage of the objecting owners had to be the determining factor. Out condo is about 1890 sq. ft. which means we would only have to have two other condo owner to rule on our decorations.

We have read the Condominium agreement and there is absolutely nothing about decorations or informal agreements. It also says nothing about the ownership of the 20th floor by the 19th floor condo owners.

Thereafter, we found a paper by our door with the Minutes of the Condo Association with their decision highlighted in green (no signature), a week later we found the goldfish tub placed directly in front of our door. No one seemed to know who did it.

Last Thursday, we went to Boise to visit my brother who was terminally ill and "someone" took our whole decoration and put it in the trash room. "They left a note saying that we had not responded to any requests to remove our decorations and that all parties had to give approval to this act -- including the landlord. No signature. It was left in front of the door. Our housekeeper found it and retrieved our property. We are aghast at such behavior. We are not irresponsible kids, My husband is a 84 year old retired Professor and physician, and I am a 78 year old nurse.

We have owned many properties over the years, including a Condo, but have never met with such abusive behavior--and we don't even know who is is we should confront. We have asked to meet with the other parties but have heard nothing.

Please advise. We were planning to buy a condo in this building but this is absurd.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  William B. Esq. replied 1 year ago.

CalAttorney2 :

Dear Customer, thank you for choosing Just Answer. I would like to assist you today.

CalAttorney2 :

The situation you describe is one of an "arbitrary and capricious" enforcement of the governing documents. You may file a suit for declaratory relief against the Association (your landlord will need to file suit as the owner in this situation) to force the Association to allow you to either replace the decoration or to allow you to find a reasonable resolution that is compatible with the other units.

CalAttorney2 :

It appears that the Association is levying an unfair enforcement against you directly.

Customer:

What type of lawyer do we consult? Real estate or Tenent Law?

CalAttorney2 :

I usually recommend a civil litigation attorney for these matters, finding one with experience in Homeowners Association matters is especially helpful.

Customer:

I will follow you excellent, very helpful advice. Thank you!

William B. Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 3007
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
William B. Esq. and 3 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.