Question about Satellite dish that was installed after my inspection?

[tilliepoo]

What is the name of your state (only U.S. law)?

I live in Michigan..

We are in the process in purchasing a condo..closing has been delayed a few weeks because person buying our condo has had issues with their bank, etc.
Anyways, we had our inspection on new condo which turned out the be fine.

In the meantime, we went out there to look at the new condo again, and found a satellite dish placed outside our lower unit. I called the association and they said its
in the common area, and guy upstairs unit is allowed to have it there. (This is the only dish in entire complex..).it blocks our golf course view ,and is horrid to look at right outside my patio. The association said the Condo board can fight it, but will probably lose.

ok, is this reason enough to get out of our purchase of this condo? technically, our contracts have expired and we didnt sign off on new closing date yet with both
the buyer of of my place, and new condo...???? would be be able to get deposit back?

Thanks for advice

Tilliepoo

 

[justalayman]

if the contracts have expired and there is no extension signed, there is no requirement of either party to extend the contract. It is dead. Whether you are due your deposit would have to be determined by whether you caused the contract to fail. If your actions caused the contract to terminate and there was no acceptable cause, you could lose your deposit. That is something you should refer to your agent or attorney for.

Michigan does not acknowledge view easements from what I can find so that would defeat any argument you have regarding the dish blocking the view. Once the contract is signed, you accept it as is other than any contingent inspections or approvals included in the contract.

 

[FlyingRon]

Unfortunately there's a federal preemption here that bars most things the association can do to restrict people erecting dishes. Your best bet would be to see if you could work out something with the dish owner. More often than not, it's a bone headed installer rather than any specific intent that ends up with these things poorly installed like that.