How legally binding are condominium rules and regulations and by-laws on an owner ?
Question:I have replaced white screens on my covered sunporch with white replacement windows and added insulation in the ceiling, making it a year round sunroom. The porch was built by the original builder and there is only one other like it in the whole condominim complex it being just below my unit. They were built 25 years ago for the builders parents (on the ground floor), and his in-laws (on the second floor - my unit). My condominium's board of directors insists that I paint all of the white window trim a brown to match exisitng color of other windows of the building, and until that is done, I will be in violation of the Garden Condominium Rules and Regulations. I claim that because I have replaced the white screens with white windows, I am in compliance with their rule of not changing the exterior of the building. How binding are their rules and regulations? They also claim they are not liable for the outside maintainence of this added room.
Answers:
This is a good one. You may have a leg to stand on but for them to back down you may have to give a copy of the rules to your attorney. He can better decipher (at your cost) what is your rights and their rights. Many times condo owners get bullied by the management for what "they say" must be done.
If the color is so important to you I would consider consulting a legal professional.
After reading your story I would say they are right by telling you it has to match the color. Their strict guidelines help keep a nice area. I'm not doubting the color of yours is nice but then if everyone else had another color it would start to look dumpy.
I wish you success!
They are contractually binding. Just because the previous owner got away with something, it does not follow you will also be able to get away with it.
Not to be rude, but, thats what you get for living in an apartment. I mean, the only difference in an apartment and a condo is that you own the condo, kind of. You have to follow the same rules and regs as all other occupants and owners. For reasons of continuity and uniformity, they want you to paint your equipment. Quit trying to be a pain and just go along with what all of the other "dwellers" are doing. If you don't like it, buy a house that is not in a gated community, they are about the same, everything must fit in the proper hole, properly.
These are the things that make condo living such a drag! They have every right to tell you to paint. Since it is a condo, you technically only own from inside the walls and the association is responsible for outside. They are not responsible for the outside maintenance of this room though because you added a room that wasn't there in the first place. It is now your responsiblilty but it still needs to conform to their color rules on the outside.
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