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I live in a condo development and the president of the

Customer Question
I live in a...

I live in a condo development and the president of the association has started legal action against me in order to have me take down my bird feeder from my deck. I have had this bird feeder for 30 years and it does not cause a nuisance for anyone. Many other units have similar feeders on their deck and are not being asked to take them down. This is not the first time that I have been singled out by this president. I have a petition with 60 out of 72 signatures. Where is the best place to go with it?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No. I have just done the petition.

Lawyer's Assistant: Where is the condo located?

Woonsocket RI

Submitted: 3 months ago.Category: Legal
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Answered in 5 minutes by:
3/22/2018
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,331
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 3 months ago

This situation is a bit tricky, but there is something important to understand when situations like this occur. Under the rules of waiver and estoppel, it is possible that the terms of the contract won’t be enforced. Basically, the fact they have allowed you to keep it for 30 years suggests that they have waived their right to enforce this covenant.

As far as waiver is concerned, there are several types of waivers. Generally, a waiver may be express (meaning that it was clear that a right by one party is being given up); implied (meaning their conduct clearly indicates a right won’t be enforced); or by silence (meaning that the other party learns of facts regarding their rights under the contract, but choose not to enforce the right).

There is also the issue of estoppel. Estoppel is a bit different in that the courts will look to whether enforcing the other party’s rights results in fair play. For example, if a party accepted late payments for years, they cannot cancel the contract citing a breach of contract because it would be unfair for them to do so.

There’s no bright line rule on this as it is case-specific. However, run your case through either of these theories and see if you could make an argument. I think with this information along with your signatures, then getting either an exception or just getting the Board to disregard this covenant against you are likely outcomes.

What other questions did you have for me today that I can help you out with:-)?

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