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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54554
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I submitted a window architectural application to the board

Customer Question

I submitted a window architectural application to the board of my condo assoc. The board recommended the contractor as they had replaced 5 of 14 units windows in my complex. I chose a window style (double sliders) which was very similar to the already approved style. My application was approved by all three members of the board. I then ordered my windows and have already paid $4,000 (half of the cost). My neighbor did the same and her windows were installed yesterday. After her windows were installed she was served with a cease and disest letter from an attorney as one of the board members claims she was not aware of the difference although it was clearly documented in the copies of our window contracts we submitted and the board approved. My windows are scheduled for installation next week. I assume I will be served with the same paperwork. Can I still go forward with the installation since it has already been approved and I have already paid half of the balance?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Richard replied 11 months ago.

Good afternoon Donna. My name is ***** ***** I look forward to helping you.

If you submitted your application with the window contracts and it was approved by the board, then you have every legal right to rely upon that board approval and to continue with your installation. And, the board is not going to have any legal right to issue any cease and desist order to prevent you from proceeding with the approved installation. Should the board attempt to do so, the board would be legally liable to you for any and all damages. They have no legal right to retroactively rescind your approval when you have already moved forward relying upon that approval and any such action would clearly be to your detriment.

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