Legal Question in Civil Litigation in Pennsylvania

My husband and I live in a condo and recently received a letter asking us to remove our daughters play house and sand box from the common property behind our house. We understand that the bylaw states " no personal property can be placed on common property " and intend on removing our items asap however when we contacted the management company to question whether other residents had also receieved letters we were told that as long as the personal items that were placed on common property were aesthetically pleasing to the eye then they did not have to be removed.... the manager felt that a play house and sandbox were not and that is why we were asked to move them. The bylaw does not state " no personal property on common property unless it is aesthetically pleasing to the eye" it states " no personal property on common property". My question is do I have any grounds to sue the association for discrimination or anything at all ?


Asked on 8/26/11, 5:02 pm

1 Answer from Attorneys
Andrew Solomon Law Office of Andrew A. Solomon

The question really is how far do you want to take this. Certainly, you are free to raise the issue at a condo association meeting, or speak with one of the associations officers. Generally, civil converstion is free and gives you the chance to voice your concerns. Generally, the courts have upheld the right of the Executive Board to decide issues concerning common areas. I would be careful though--a special assessment or fine against you can serve as a lien on your property. Of course you can meet with a lawyer who has experience in condo law, at either no charge or a modest charge to discuss your options. Unfortunately, these situations, when pursued, tend to be expensive, lengthy and messy. Under most standard condo by-laws, were to bring any type of legal action, and lose, you would be liable for the condo assocciations legal fees.

So you have to decide how far you want to take this issue. That's the bottom line.

Read more
Answered on 9/02/11, 9:00 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Pennsylvania