I bought a condo in Boston. When we saw it for the first time, the
seller's agent showed us the place and the tandem parking. The
parking had 3 garbage bins on the side. The garbage bins have garbage
for the entire building. The cars have to be moved out of the spot to
remove the garbage bins. The seller's agent casually mentioned that
when the garbage truck comes, the building superintendent will move
your car so that the garbage guy can take the bins out and unload the
garbage. To do so, you just have to give your car keys to the
superintendent. He did not give this in writing.

We thought that we work during the day time so we are not home and the
cars are not home so it should not be a problem

After we moved in, we found out that the garbage truck comes early in
the morning. The superintendent at that time was living in the same
property but now he lives 30 minutes away.

I looked at the master deed and condo docs and there's no document
that says that the garbage should be in my parking spot. There's no
easement for this. In fact, the document says that I have the full and
exclusive right to rent, sell and use the parking space, which is
deeded.

I talked to the trustees, who admitted that this is a 'problem',
suggested that I should sue the seller's agent and get monetary
reimbursement. The developer who sold this unit to Mr.X (previous
owner), sold the parking at a deep discount because of the garbage
bins. The trustees say that the garbage has been there for 30 years and
they have right to keep it there.

One of the trustee suggested that I should find an alternate location
and pay for any cost that is associated with moving the bins (building
a shed, making doorway in the wall so that the garbage man does not
have to go from my garage) etc.

My short term problem:
1) Inconvenience. The superintendent lives 30 minutes away. What if he
refuses to move my cars one fine day?
2) What if the superintendent retires and the new superintendent for
the building refuses to move my car.

Long term:
It is going to effect resale of my property. I bought this property in
hurry but the next buyer is definitely see this as issue.

What are my options? What should I do? Is it true that since they have
kept the garbage at that location for 30 years, they have a right to
keep it there? If so, am I required by law to move my cars? What if I
take my car keys back from the superintendent and refuse to move my
cars? Can I have them legally move the garbage bins to alternate
location?

Thanks,

In article . com,
"Shawn" wrote:

What are my options? What should I do? Is it true that since they have
kept the garbage at that location for 30 years, they have a right to
keep it there? If so, am I required by law to move my cars? What if I
take my car keys back from the superintendent and refuse to move my
cars? Can I have them legally move the garbage bins to alternate
location?

Simply moving the garbage bins might be considered to be theft.
The best course of action is to talk with a real estate attorney.
The suggestion might be to send the condo association a cease
and desist letter giving them some period of time (3 days, 10 days,
etc) to remove their objects from your property. Then set some
kind of fee for using your property (per day) for each day they
are late. But keep in mind that your threat means nothing if you
are not willing to go to court to prove your ownership. The
issue that you will likely run into is that you saw the bins
there before you bought, you didn't ask about them, and you
didn't do anything the week that you moved in, so you have
given a de facto easement. A good attorney may be able to
argue their way out of that one.

-john-

--
================================================== ====================
John A. Weeks III 952-432-2708
Newave Communications http://www.johnweeks.com
================================================== ====================

On an average, how much would it cost to get legal representation? What
would happen if I do not move my cars? Do they have right to damage my
cars or tow them? The building super is like a slum lord. People call
him 'mayor' of the building. Instead of him working for us, we
sometimes feel that we work for him.

On 3 Apr 2006 20:18:46 -0700, Shawn wrote:
On an average, how much would it cost to get legal representation?

It will cost somewhere between $0 and $100M. Only you can answer
that, after you find a lawyer and go through the process.

What
would happen if I do not move my cars?

I depends on how much of a jerk the trash collector is, I suppose.

Do they have right to damage my
cars or tow them?

Nobody ever has a "right" to damage someone else's property. The
property may become damaged as a secondary result of them asserting
THEIR rights.

The building super is like a slum lord. People call
him 'mayor' of the building. Instead of him working for us, we
sometimes feel that we work for him.

The first, second, and third thing to do is consult a lawyer.
The people on USENET have not seen your purchase contract. We
were not there when the verbal statements were made. The association
may be able to argue that they have taken adverse possession of the
part of your parking spot where the cans have been for the past 30
years.

But only a lawyer and a judge can help you figure that out, if you
can't come to some sort of accomodation with the association.

- Rich

The OP made a big mistake in not investigating the ramifications of
having this garbage arrangement before purchasing the unit. If someone
casually told me that my car has to be moved so the trash from the
building can be picked up, I would certainly have investigated it
further and at the very least, had a written guarantee from the condo
assoc that it is their responsibility to move the car so the garbage
can be removed. Most likely, I would not have bought the unit, unless
it had some very unique features or price that justified it.

Now I agree with the advice to find a good real estate attorney. Make
sure they have experience in condominium law. If nothing in the Master
Deed or Bylaws says anything about your parking space being unique in
regard to having to move your car for trash removal, IMO, you are in a
very good position to prevail. Your deed gives you rights to a parking
space equal to all other owners and the condo association cannot impose
restrictions on you that limit your use and rights that do not apply to
others.

But here's the real problem. Though I think you have an excellent
chance of prevailing, this can be very costly. You have to pay your
legal fees, while the condo assoc will be represented by a lawyer paid
for by all the owners, not just the trustees. And many trustees would
rather waste lots of time and money fighting something like this,
rather than do what is right. If were you, I would first try to reason
with the trustees. Tell them you want to work with them to find an
alternate solution. It sounds like that is possible, since you
mentioned the trustees suggested you pay for the solution. I would try
to work with them on the basis of first figuring out what could be done
and avoid the issue of who should pay for it. Try to document as best
as possible what you get out of them from this process, as it will be
useful if you have to go to court. Ideally, what you want is
something in writing like: A shed of size X, could be put in location
Y, etc. That shows that there is clearly a reasonable alternate
solution. With that in hand, then you can negotiate who pays for it.
Even though you shouldn';t have to pay a cent, you could consider
paying something towards it, because otherwise you will spend a lot of
money on legal fees. Trustees have been known to take this kind of
thing to trial, appeal, etc, so it could cost you a lot.

I tend to doubt you have a claim against the seller, because they did
disclose this arrangement upfront.

Another long term approach would be to get elected as trustee, get
other sympathetic owners elected, etc. With a majority you could then
solve it the right way.

"John A. Weeks III" writes:

The best course of action is to talk with a real estate attorney.

Agreed.

--
Todd H.
http://www.toddh.net/

Just happened to see this again today and a possible cheap and easy
solution came to mind. I would first consult with an attorney, and
have him send the assoc a letter outlining your position that the space
is yours and cannot be limited by the assoc. If that doesn't work,
then, run this idea by your attorney:

Refuse to give them the keys or move the car for trash removal. The
assoc really only has 2 choices. They can fine you, they can have the
car towed, or both. Let them tow it/fine you, pay whatever it takes
to get the car back, then file suit in small claims court, where you
can get it heard without paying for a lawyer. . That will force them
into court with very little expense on your part. With the condo
Master Deed, Bylaws and your title in hand, you will almost certainly
win. That may be enough to convince the assoc they are wrong and be
the end of it.

However, they could either do a legal manuver to move it from small
claims before it;s heard or appeal afterwards. Still, it is one way to
get a possible decision in your favor quickly, with little cost, that
might settle the matter. After having them tow it once or twice, I
would then move the car myself from then on until you get to court to
avoid piling up fees on the small chance you will lose