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Alysn
03-01-2005, 09:08 AM
I own a condo in Massachusetts. My sister lives there. I got a letter from the property manager basically stating that an alleged washing machine was being operated, it was against Condo Assn rules and it needed to be removed or fines would be assessed. This letter was dated in Nov, 2004 & I got it around Dec 7. I call my sister & she has a machine. I had it removed from building. FYI, I read the condo rules and there's no mention of washing machines. There's a disclaimer about equipment that could endanger property but I wouldn't put a washing machine in that category. Besides, all the units have dishwashers. I don't see a lot of difference. Anyway, I didn't call the property manager back to let them know I complied (holidays & busy & stupid) & I get a letter dated 12/27/04 that says fines are being assessed beginning 12/27/04. I don't get the letter until 12/30 & of course no one is there on 12/31. I call on 12/30 & 12/31 & 1/3 & 1/4. I finally get someone who tells me to write a letter. I do & fax it over on 01/04 saying I fixed the problem and requesting them to forgive the fines. I get a letter several weeks later saying the fine stands from 12/27/04 to 01/04/05 & I have to pay. This doesn't seem right to me. Do I have any legal recourse?

ausi
03-05-2005, 07:21 AM
If you can prove you took care of the problem before the 27th, tell them to try and collect the fine. Keep all your documentation including any attempted correspondence and let them try and take you to small claims...they'll never win.

elklaw
04-15-2005, 09:22 PM
Send a copy of the invoice showing that work was completed before the fine date. If that is not enough, take the board to court and seek to have the fine invalidated and seek attorney fees too. Also, reread the condo rules to make sure there are not other steps you need to take prior to takign legal action if it comes to that.

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