Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. But not allowing you to put an air conditioner in your window when it is a 90 plus degrees,, this appears to be a violation of the implied covenant (promise) of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue.
Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?
Excuse me, but you'll have to help me understand what you mean a little further than "What do I do??"
I provided a suggestion to you that you send a letter that suggests that the HOA is breaching their contract that they have with you as a homeowner for saying that you can't have an air conditioner.
Unless and until you provide additional information regarding your situation, I can't provide you any additional information. I read and reread your question and although it was generic as a question, I still provided a response that I believe what help your situation and one that I have seen hundreds of times in the last few months. If there is additional information that you would like to provide me so I can help you, I would be more than happy to help you.
I'm going to opt out of this question. Hopefully another attorney can help you out and sort through your situation a little bit better. I will not converse with somebody that is going to consider calling me a fraud.
What can we do??
Hello. I am a different expert. I'll try to provide you with an acceptable answer. You can either remove the unit or not. The dispute is not between you and the HOA. It is between the HOA and the owner. The HOA's next move will be to order the owner to remove the window AC, or be fined. It is up to the owner to either fight the HOA or give in and force you to remove it. That might constitute a breach of your lease with the owner and give you some recourse against the owner. Or, it could result in you being evicted. I can offer you a telephone conference if you wish, but there is an additional charge for that.
I hope that this information has been helpful to you. If so, a 5 star rating is hoped for. Please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated.
Thanks again for using JUST ANSWER.
Hello again. Do you have a follow-up question? If not, Please don't forget to enter a rating by clicking on one of the five boxes at the top of this reply. There is no additional cost to you. Thanks again for using JUST ANSWER.