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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33801
Experience:  15 years real estate, Realtor. Landlord 26 years
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I own a condo in dc and the concierge always harasses my boyfriend

Customer Question

I own a condo in dc and the concierge always harasses my boyfriend and feels that he has authority to ban him from the property. this is all due to an incident where I was locked out of my condo with my boyfriend and had no where to sleep except for the community room (which is a part of my condo fee), which they considered loitering. I'm not denying that sleeping there could be considered loitering, but is that sufficient enough reason for my guest to be ban from the building? The police informed me that I have more power as a home owner than a concierge, so I would like to exercise my rights to the fullest extent possible.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question..Is he trying to ban boyfriend from the common areas of the property, or from the entire property?.What do the Bylaws state about what authority the concierge has with regard to management of the property?..thanksBarrister
Customer: replied 8 months ago.
He has already banned him from the entire property but oddly enough, that ban is in place when this one particular concierge is working, but not when any of the other 6 are working. Not to mention, the building manager has yet to mention or warn me of any of this herself, which I'd respect more given that the concierge is treating it as a "critical" issue. On Sunday's there is typically no concierge so I ESPECIALLY take the liberty of bringing my boyfriend to my home on this day. Today ( a Sunday) The concierge was coincidentally there and has physically put his hands on my boyfriend proceeded to threaten him saying "watch what happens if you keep coming here", verbatim. Now as I mentioned, no other concierge has EVER questioned or acknowledged any sort of "ban" since the ban. It's now almost one month into him being banned. I am thinking this is a form of harassment but I'm not sure about the intricacies of the law. As for the bylaws, I will do more research on that
Expert:  Barrister replied 8 months ago.
Ok, this sounds like a concierge who is getting a little too big for his britches... If he has on authority granted to him by the Board to ban someone from the property, then he has none. He apparently is on a power trip and thinks it is "his" building. And what he did today is legally considered a "battery" which is an unwanted touching and is a criminal act. So boyfriend could actually file a formal criminal complaint because no one has the legal right to put their hands on another person without their consent unless they are being arrested by law enforcement..So that is something to consider because if boyfriend filed a formal criminal charge against this person, the Association might simply fire him and send him packing rather than deal with this type of behavior, which could put them at risk of being sued under the legal doctrine called "respondeat superior" which makes an employer liable for the actions of their employee....thanksBarrister

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