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I live in a 4 story condo with the air conditioners on the roof. The bye laws say that nobody is allowed on the roof. I am prevented from cecking on and servicing my air conditioner but have to pay a repair man to service the unit This is called denial of service and was visited in Zaslow v Kroenert (1946) Cal 2nd 541,548 Can I sue for acces and win?
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Citing California state law rulings 3000 miles away, from 1946, is rarely of consequence in another state. That said, you will need to immediately retain a real estate lawyer to address any access issues required for maintenance of the A/C units on the roof, if there is a controversy over maintence access. As a general rule, you will not be allowed on the roof for liability reasons nor to service your own A/C unit for the some of the same reasons and often public health issues associated with freon or R410 handling.
Answered on Aug 19th, 2024 at 12:16 PM