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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33740
Experience:  15 years real estate, Realtor. Landlord 26 years
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Been living at my condo contentedly years. The day

Customer Question

Been living at my condo contentedly for 17 years. The day I move in I put in place three maybe four items I brought with me from my private home. These are a large cement planter and some statuary from my previous garden. My condo assn. has never complained about these items in all that time and they are placed in the area immediately adjacent to the foundation of my unit which has always been allowed. Now it seems that there is some new policy being espoused that would prohibit these items. Isn't there a legal principle that allows these items to remain when the have been allowed to remain after many years? I have always been in compliance with the condo rules and bylaws.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 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..What you are referring to is called "estoppel", sometimes commonly referred to as "grandfathering", where if A takes a position that B relies on, then A is later prohibited from changing their position if it would harm B. So A is "estopped" from changing the rules...'With that said, all condo owners specifically agree to be bound by any condo Bylaws and CCRs when they purchase a unit in the development. And legally the Condo Board can implement changes to the rules as long as the owners vote to agree to approve the changes by the required percentage under the Bylaws..So if they implement the new rule that prohibits the items being outside, then you would have to argue that the rule should apply to any new owners or any new prohibited items being placed outside, but should exempt anyone who is already exhibiting such items as being grandfathered in..If the Board decides to be bull headed about the matter, then if they try and fine you or penalize you, you would have to file suit under a breach of contract claim and argue the estoppel argument I mentioned above to the judge and see if you could convince him.....thanksBarrister

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