What to do if being harassed to leave our condo due to a supposed violation of the rules?

We are being harassed to leave our condo. They are saying that we are breaking the rules because we have 2 kids (both born after buying the condo). However, the rules in the owners manual states: “Children are not permitted. There are 2 exceptions: seasonal residents may have 2 children with them. This is on short term only. The other exception deals with full time resident owners who have had children born to them after acquiring the premises. The board has granted Grandfather Rights to specific residents under this provision” Do we have any rights to stay?

Asked on March 18, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is an agreement--and the rules in an owner's manual can constitute an agreement--it is enforceable; therefore, if there is an agreement in your favor, you can't be made to leave. If they try to legally force you out, speak with an attorney, bringing a copy of the agreement/rules with you, but you should have legal rights.

That said, nothing prevents the condo board or other residents from telling you that they think you should go or wish you would go or consider your rule breakers--the law does not control what people say, so long as it does not rise to the level of defamation or the sort of threats and disruption that would consitute legally actionable harassment. So you may have to put up with annoying comments, dirty looks, etc.


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