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Sam, Attorney at Law
Category: Landlord-Tenant
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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Rissland. I am the owner of several condo units in cape

Customer Question

rissland. I am the owner of several condo units in cape cod which we rent.we have been arguing with the trustees to have a/c put in these rooms.the condo docks so no protrusions on the building.the trustee owns the front building which is a business and has installed ductless systems which is what we want for our ubnits.this is on going for years and we are now doing construction and want these placed into the units. they have found out and want info on our project which will lead them to stopit.what recourse do I have against them?
JA: Thanks. Can you give me any more details about your issue?
Customer: they have complained about noise from a/c which is why we went with the split noise. they complained about looking at them. they will be placed on back of building.the rooms get up to 90 degrees during the summer months.they are only rented for 3 months out of the year. there was a vote taken in2009 and agreed to have them. then the trustees said the vote was no good and put it out in the mail to all owners which I am sure he paid off to get his vote.the condo docks state no alteration to mechanical system without approval of associationwhich they shall not disapprove but may put sanctions on it. if I can,t have them then shouldn't the businesses be required to removbe them
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Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Sam replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

Yes, you would be correct that the business should not have them either, IF the business is also under the association covenants and restrictions. If not, then the business is not limited or restricted to anything by the association.

If you have more questions or need clarification you can post here and I will respond. Otherwise, a positive rating will ensure I get credit for my time and information provided.

Customer: replied 1 year ago.
can I sue for harassment. they continue to send threatening letters about not having plans sent to them. I asked for book and page number of declaration but no response because it is not in there. this is really a family situation. work has been done for the last 30 years and now they are asking for all of this info. the trustee has also added air conditioning to his building last year with no paperwork to the trustees. also the three trustees are all family memebrers
Expert:  Sam replied 1 year ago.

Thank you.

What do you want to sue for?

Expert:  Sam replied 1 year ago.

I am unclear on what your damages are? You are not permitted to have AC and they are, correct. Is the business part of the Association or are there restrictive zoning laws? If yes, then they should not have AC either. And if that is the concern, then you can sue for discrimination.

Customer: replied 1 year ago.
the business and condos are seperate buildings but under the same condo master deed. I know the answer is common sense .just wanted to verify one more time.thanks for your help
Expert:  Sam replied 1 year ago.

You're welcome.

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