Gina recently purchased a residential condominium. It looks like an apartment in

Question

Gina recently purchased a residential condominium. It looks like an apartment in an apartment building, but it is organized as a condominium. Her condominium is located on third floor of the building and includes the right to use a one-stall garage in the parking lot adjacent to the building. The former owner of her condominium recently stopped by and asked to remove the ceiling fan from the bedroom. He explains that when he bought the condominium years ago, there was a simple ceiling light in that room; he replaced the light with a fan and now wants to take the fan. He offers to reattach the old ceiling light that he has kept all these years. Must Gina allow the former owner to remove the ceiling fan? Why? HINT – what is the relevant legal concept(s)? Would the answer to this question be different if Gina lived in a single-family residence rather than a condominium?

Explanation / Answer

As per condominum bylaws, every-owner occupant has the right-of-use & is expected to maintain the property as it was handed over at the time of sale ,without any interference to the other co-owners. So, it has to be seen if the former owner was permitted under the prevailing legalities,to dismantle the given fixture,ie.the ceiling light and fix a ceiling fan ,in its place. Even if so permitted, he must have restored the original condition ,ie. Take out the fan & fit the originally-given ceiling light, at the time of sale to the next party. Now, that he is agreeing to do the same, Gina can allow the former owner to remove the ceiling fan & fit the light in its place. This may not be possible if Gina lives in a single family residence , as when a house is sold, it is normally sold with all the items intact, unless otherwise specifically informed to the buyer and excluded. If not told or given in writing, before the sale/purchase is finalised,nothing can be given/taken from the premises afterwards.

Related Questions

Navigate

• Browse (All)
• Browse G
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.