Mar
23
What is the best way to seek legal counsel concerning unjust practices against me in my condominium?
By
Questionable “Freedom” asked:
Long story short, I have a history of noise violations in my luxury condominium, for the past year we have reduced it dramatically, only have few people over, they are thin floors, so the can practically hear anything but a whisper, the board have restricted me from guest, and now they have implied me with a $100 fine, I tried to fight it but the board will not talk to me without my parents, I am 25 people.
I live in Florida if that matters.
My parents own it, but they dont live here, at least permanently.
Well actually, the condo is under a trust, not directly on my parents name.
People, I am not really talking about having raging partys, I am talking about regular movement around the house, no music and such. You mean I have to whisper and tip-toe??
Kansieo.com
Long story short, I have a history of noise violations in my luxury condominium, for the past year we have reduced it dramatically, only have few people over, they are thin floors, so the can practically hear anything but a whisper, the board have restricted me from guest, and now they have implied me with a $100 fine, I tried to fight it but the board will not talk to me without my parents, I am 25 people.
I live in Florida if that matters.
My parents own it, but they dont live here, at least permanently.
Well actually, the condo is under a trust, not directly on my parents name.
People, I am not really talking about having raging partys, I am talking about regular movement around the house, no music and such. You mean I have to whisper and tip-toe??
Kansieo.com
Create a video blog
Who owns or is the leasing party on the condo – you or your parents…..or you with your parents as cosigner?
If you parents appear anywhere on the lease or mortgage – then they are justified in having the meeting with all interested parties.
Edit to your Addition: If your parents are the legal owners of the unit then they are the only ones legally that the condominium complex has to speak to. You are not an owner – and I am willing to bet that you are not a “leasing tenant” but simply a child living there. You have no legal right to seek anything – your parents do.
Create a video blog…instantly.
Although it seems lame, they not only have the right to “meet with all interested parties,” but they most importantly have the right and the percieved need to meet with the actual owners. It’s important that you review all contracts between your parents and the condo that were signed upon their purchase of the condo. Look specifically for any explanation about the purchasers’ rights in this situation, and even more specifically, about the rights of an individual renting from the condo owners. Also carefully go over handbooks and association-type rulebooks regarding the policies of the condominiums that you live in. Through reviewing these documents, you will most likely find that your parents agreed to all of these conditions when they purchased the condo.
A fine is very normal behavior for repeated noise complaints, since they condo owners have to protect the rights of all of the other people that live there. Since you’re a renter, it’s also not totally unreasonable that they restricted your being allowed to have any guests.
If you were the owner of the condo, then this situation would pan out entirely different. However, you’re not the owner and your not a minor child; therefore, it’s your minimal rights (I’m assuming as a “renter”) against the rights of the complainer property owners.
I’m very sympathetic to the fact that you live above some terribly whiney people, but this is not a legal issue yet. However, be prepared for your neighbors to potentially file a lawsuit against your parents–NOT THE CONDO BUIDING OWNERS (for whoever said that below). I could see that being a potential issue since I’d be willing to guess that your whiney neighbors might be the pointlessly litigious type!
Create a video blog…instantly.
Apparently you have violated the Association’s rules, which should be in published form so that you can read them, which I recommend you do, carefully, before wasting any money on a lawyer. Your parents are the owners, not YOU, so the Board is handling things properly in wanting to talk with the OWNERs. Don’t know what you mean by “implied me” but I presume the Rules allow for fines after repeated violations. The agreement your parents signed probably also allows for more stringent actions, as well.
luxury condominium
an owner can be sued because of the actions of the tenant. If a tenant makes life miserable for everyone else in the neighborhood/building then they should be warned, fined, evicted. If it doesn’t happen, then the people get together and sue the owner because of the harm you are causing them.
Do you realize that people don’t want to hear you? They may be trying to watch a movie on TV, study, sleep, whatever……you are infringing on their rights.
by the way…I’m sorry to say, it’s not your condominium. You are a renter. Your parents are the responsible party.
Addendum:
E: The parents are the owners of her condo unit. It’s owned as a trust I believe. The trustees to the trust (parents) are the owners. They are the ones that have to have “rule-abiding” tenants.
Questional: If this is just one complaining neighbor (like the person below you) I think you may have a complaint of your own that they are harrassing you. If it’s multiple neighbors complaining at the same time for the same time period then I don’t think you have as good of defense. I would read those rules. It seems harsh to not be allowed visitors.
I own two places, that have associations, and I rent to college kids. I have experienced lots of problems. I AM the responsible party and I have been threatened with lawsuits because of the behaviors of my noisy college tenants.
Create a video blog…instantly.
You’ve got repeated complaints over violations, and they have finally given you a fine for not complying.
That seem perfectly normal to me, and not at all unjust. Your neighbors have a right to peace and quiet.
As for fighting the board, of course they won’t talk to you. It has nothing to do with your age, it is because your parents own the condo, and only they have a contract with the board. You have no standing to discuss this with them.
You don’t need legal counsel, you need to start behaving better so there ARE no more complaints.
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