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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38218
Experience:  17 years real estate, Realtor. Landlord 26 years
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My problem is with a Condo association. Discrimination

Customer Question

Hello - My problem is with a Condo association. Discrimination resulting in denial of maintenance, depreciation of property value [loss of investment]
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Michigan
JA: Has any paperwork been filed?
Customer: I have filed complaints with the AG but was told condo assoc. were beyond the AG purvue
JA: Anything else you want the lawyer to know before I connect you?
Customer: Discriminatory billing practices are part of the complaint
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Can you give me some more information about what is going on in your situation?

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How is the HOA illegally discriminating against you?

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Do you have a copy of any Bylaws?

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thanks

Barrister

Customer: replied 1 month ago.
There are 100 other units. Only my unit was isolated with open sewers placed at front entrance- resulting in lowered resale value - [ ~100K] UNit- unit is on the slope of a hill. Sewers should have been placed at bottom of hill - Monthly maintenance is discriminatory - and denied - Trees, grass, etc are dead or diseased. NO other unit has been isolated in this way. Community lights stopped working in 2013 - Requests for repair were denied. Neighbors' lights have failed and been repaired in a day, while my light-repair was denied until 2017, when I hired an electrician. The Manager denied his authorization on the ground that the Co-Owners were prohibited by Master Deed from such 'alterations' - They were forced to order the repair, but charged the service back to me. There are dozens of such incidents since 2008 - too many for this venue. Harassment, vandalism, assaults, ethnic/racial/color slurs, - 10 years of [petty]persecution
Customer: replied 1 month ago.
The assoc. is in direct violation of the Master deed stipulations. Docs. are available
Expert:  Barrister replied 1 month ago.

Ok, were these sewers there before you bought the unit? or did they put them in after you bought it?

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What is the basis of the illegal discrimination? race, gender, ethnicity, sexual orientation, disability, etc..?

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Do you have any evidence of this or are you saying them not maintaining your unit is the evidence?

Customer: replied 1 month ago.
The sewesr were installed in*****resurfacing -I purchased the property in 1987. Race/color/ [age?] I'm retired senior -professional - Evidence = 100s of photos taken of grounds, dilapidation of exterior building and grounds compared to properly maintained neighbor units -
Customer: replied 1 month ago.
Expert - opinions of electricians documenting Association responsibility for exterior maintenance. Co-Owner are responsible for INTERIOR only The exterior structures are dilapidated and neglected. Interior structures [ owner-maintained] are impeccable
Customer: replied 1 month ago.
My unit is the only unit in this state of neglect. Photos=proof since 2008
Expert:  Barrister replied 1 month ago.

Ok, I don't think you could do much about the sewers as they were likely installed at the direction of an architect or landscape engineer so it would be kind of hard to claim illegal discrimination there...

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But if you are paying all your dues and the rest of the units are being kept up and their landscaping is nice, then that definitely does not pass the "smell test"..

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Your recourse here is to sue the HOA for breach of contract if the Bylaws state it is their duty to maintain the exteriors and landscaping. Your photos will serve as documentation of the discrepancy in care between your unit and others and should tell quite a story.

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If your Bylaws are like every other set I have seen, then the loser has to pay the winner's legal fees and attorney costs when they lose. If you can use your photos to show that they are intentionally treating you poorly despite you complying with all the Bylaws and CCRs, then you would be able to get the judge to rule in your favor and not only award you damages and legal costs, but also order a positive injunction for the HOA to perform the same maintenance and landscaping on your unit as all others..

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thanks

Barrister

Customer: replied 1 month ago.
I will try to find a good attorney.
Expert:  Barrister replied 1 month ago.

Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need local counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

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But any civil attorney can handle this type of case and when you win the HOA would be stuck with reimbursing you for the attorney costs as well as any judgment that you are awarded due to their disparate treatment..

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thanks

Barrister