Nancy is a paralegal working at a firm where one of the attorneys represents a neighborhood association seeking to force a homeowner to repaint his house.
Nancy is a paralegal working at a firm where one of the attorneys represents a neighborhood association seeking to force a homeowner to repaint his house. Association bylaws state that a house may not be painted blue or red, and Sandy, the homeowner in question, painted her house Boston Red Sox-red, in honor of their long-overdue World Series victory in 2004. Sandy claims her home isn’t bound by the association’s bylaws because her home was built before the original subdivision was platted, even though it was bought by the subdivision developer before Nancy became the owner. Nancy doesn’t work for the attorney who represents the association but is aware of the case due to the office scuttlebutt. While attending her daughter’s dance recital, Nancy is introduced to Sandy, the woman who lives in the Red Sox house. When Sandy realizes the coincidence, the conversation turns from ballet to the lawsuit. Sandy tells Nancy that it’s unfair that she has to spend thousands of dollars defending her choice to live the way she wants to, and that she isn’t harming anyone by painting her house the way she wants to. Nancy agrees that it does seem odd that anybody could control someone else’s house color but tells Sandy that from what she has seen at work, the homeowners’ associations always win in cases like this. “For what it’s worth,” Nancy says, “I would think the association should only care if you paint your house in Yankee pinstripes.” Has Nancy violated the anticontact rule?
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