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We have lived in our condo for 10 years. When we moved in we…

Customer Question
We have lived in...

We have lived in our condo for 10 years. When we moved in we had oral permission from the builder to use brown blinds. The bylaws do say white so we asked. We now have a new assoc and are being told we have to change to white. We have 15 windows and they are different sizes so it will be very expensive. We have asked to be grandfathered in but have been refused. Do we have any legal rights in this?

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

No. We have with the association and the management company.

Lawyer's Assistant: Where is the condo located?

Grove City, Ohio

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, just need to know if we have legal rights here.

Submitted: 3 months ago.Category: Legal
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Answered in 20 minutes by:
3/24/2018
Lawyer: Loren, Attorney replied 3 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,342
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

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Lawyer: Loren, Attorney replied 3 months ago

Are there any other owners being allowed to have different colored window treatments?

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Customer reply replied 3 months ago
no but they have grandfathered having more than 2 dogs
Customer reply replied 3 months ago
no one has mentioned it for 10 years
Lawyer: Loren, Attorney replied 3 months ago

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. I just ask that you not shoot the messenger.

Unfortunately, the builder did not have a legal right to give permission to violate bylaws (especially, verbal permission).

Your first option is to sue the board for breaching their fiduciary duties in waiting 10 yrs to enforce the bylaw (essentially, waiving the enforcement). They can not just sit for 10 yrs and then demand a change.

While you can pursue this pro se, it is strongly recommended you retain an attorney to represent you. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

It may even be that the threat of litigation will cause them to back down and a cease and desist letter on attorney letterhead is all you would need.

The second option is to go political and try to garner support from the fellow owners for an amendment to the bylaws to bring you into compliance. That would require notice, a special meeting and a vote to approve the change.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Lawyer: Loren, Attorney replied 3 months ago

Did you have further questions? Have I answered your question? Please let me know?

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