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condo parking problem - please help
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, |
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