am a homeowner at a newer (less than 5 years) condo complex. I have been vocal in my opposition to some of the plans and actions of our condo board. I have also brought issues to the board regarding mice, and a walkway that needs to be repaired. Although I never use abusive language and I believe every one of my communications have been written in a non-confrontational manner, my comments are always met with insults, abusive language, and ridicule. This is all done through a public e-mail forum which includes most of the owners here.
For 3 years I had a dog pen set up outside for the use of all the dogs on the property. A week ago that area was designated by the board as the pet play area. Yesterday I was commanded to remove the pen because it is in a common area. I immediately removed it.
However, I walked the property inside and out and found almost 47 incidents of people leaving items in common areas. This includes decorations in hallways, and personal fitness equipment in our exercise rooms.
I have a record of all of the boards harassing e-mails and feel I am being singled-out by some of the trustees because I dare to suggest they take a different path than they have. I haven't even touched the big stuff - like violating the by-laws by not holding our annual meeting in April, modifying the buildings (installing a roof hatch) without the association voting on it, and other big abuses of power.
If the other common area offenders are not asked to remove their items is the board guilty of selective enforcement? If they are what rights do I have? I don't want to pursue the issues and force my neighbors and friends to remove things. But the trustees have a created an extremely hostile living environment for me and I don't know what else to do. It's to the point that for my own health I should sell my condo and leave this place, but having purchased at the height of the market I can't afford to do so.
Please help!
Editor's Response
Sorry about your situation. Unfortunately, it is a fairly common problem. Yes, you are right, the Condominium Association and its members have a fiduciary duty toward the unit owners and must not selectively enforce rules or bylaws. However, you are also right about your options: If you cannot settle the matter amicably and internally (perhaps by soliciting the assistance of other unit owners who agree with you and who may be willing to help you deal with the Board) then you need to settle the matter by enlisting the help of an attorney and, possibly, the courts. On the bright side, if you retain an attorney who understands Massachusetts condo law and has worked with boards on similar issues, he or she may be able to settle the matter with a well-drafted letter. For more information or to post a question, visit our MA Real Estate Law Discussion Forum.