Management Company Trespassing/Attempt to Ban Laundry (Boston: real estate, apartments)

[budullewraagh]

Hello, I'm currently facing a potential conflict with my condo association and need to know my rights and options. If you wouldn't mind reading the below and replying, I'd sincerely appreciate it:

Backstory: I purchased*a condo in an old brownstone in the Back Bay in 2012. At the time, it had hookups for a washing machine, with an automatic shutoff valve in place according to code. A year later, after reviewing the condo docs and seeing no language prohibiting washing machines, I purchased and installed a stackable washer/dryer. The washer is an extremely water-efficient Bosch Axxis (9.3 gallons per load; far below the 14 gallons per load needed to have Energy Star status).

Recently, the automatic shutoff valve failed and needed replacement (it was permanently stopping water from flowing to the washing machine). I called the management company and arranged for water shutoff to the building so a plumber could replace the valve. At the time, the management representative told me I ought not to have a washing machine in the unit, but was empathetic to the fact that I had inherited the hookups and there was no language in the docs saying washing machines were prohibited.

After the repair was done, my tenant informed me that during the process, a representative from the management company had entered the unit unannounced and without knocking, taken a photo of the work being done, and left. I called the management company to enquire and was told that it was normal for them to enter so they had evidence if a plumber had done a bad job and damaged plumbing in the building. When pressed, the manager said the condo board would be reviewing the fact that I had a laundry unit, which he claimed the pipes in the building could not handle due to all the discharge; he also added that it could be construed as an excess use of water. He said he had had similar scenarios before, and whatever the board decided on was what ultimately prevailed: in many such scenarios, owners were forced to remove their laundry units.

I have since spoken with the plumbing company (which is a very reputable one), and was told that discharge from the washing machine puts no more strain on the plumbing than a shower/bath, and that the idea of "excess" water being used was bogus given that my tenants would just as often be using the laundry in the basement, which is less water-efficient than mine. These were confirmations of my suspicions, but importantly, he said he was willing to back me up as a licensed expert on plumbing if I eventually do encounter trouble with the board.

I'd rather not get into a potentially expensive battle, but could use a little insight that would help me manage this situation: what power the association actually has, and what rights I have to defend myself in the possible event that a large number of people who have no interest in me keeping a washing machine in my unit decide that they want to try to force me to remove my laundry unit. Your feedback would be greatly appreciated. Thank you!

[id77]

Originally Posted by budullewraagh

Hello, I'm currently facing a potential conflict with my condo association and need to know my rights and options. If you wouldn't mind reading the below and replying, I'd sincerely appreciate it:

Backstory: I purchased*a condo in an old brownstone in the Back Bay in 2012. At the time, it had hookups for a washing machine, with an automatic shutoff valve in place according to code. A year later, after reviewing the condo docs and seeing no language prohibiting washing machines, I purchased and installed a stackable washer/dryer. The washer is an extremely water-efficient Bosch Axxis (9.3 gallons per load; far below the 14 gallons per load needed to have Energy Star status).

Recently, the automatic shutoff valve failed and needed replacement (it was permanently stopping water from flowing to the washing machine). I called the management company and arranged for water shutoff to the building so a plumber could replace the valve. At the time, the management representative told me I ought not to have a washing machine in the unit, but was empathetic to the fact that I had inherited the hookups and there was no language in the docs saying washing machines were prohibited.

After the repair was done, my tenant informed me that during the process, a representative from the management company had entered the unit unannounced and without knocking, taken a photo of the work being done, and left. I called the management company to enquire and was told that it was normal for them to enter so they had evidence if a plumber had done a bad job and damaged plumbing in the building. When pressed, the manager said the condo board would be reviewing the fact that I had a laundry unit, which he claimed the pipes in the building could not handle due to all the discharge; he also added that it could be construed as an excess use of water. He said he had had similar scenarios before, and whatever the board decided on was what ultimately prevailed: in many such scenarios, owners were forced to remove their laundry units.

I have since spoken with the plumbing company (which is a very reputable one), and was told that discharge from the washing machine puts no more strain on the plumbing than a shower/bath, and that the idea of "excess" water being used was bogus given that my tenants would just as often be using the laundry in the basement, which is less water-efficient than mine. These were confirmations of my suspicions, but importantly, he said he was willing to back me up as a licensed expert on plumbing if I eventually do encounter trouble with the board.

I'd rather not get into a potentially expensive battle, but could use a little insight that would help me manage this situation: what power the association actually has, and what rights I have to defend myself in the possible event that a large number of people who have no interest in me keeping a washing machine in my unit decide that they want to try to force me to remove my laundry unit. Your feedback would be greatly appreciated. Thank you!

Just how much power they have will be determined by the condo docs for your building, which you are bound to as you read and agreed to them upon purchase. You've reviewed these and it sounds like they don't have much of a case, but you really would want to consult an attorney who practices real estate law and is well-versed in condo-type disputes.

They could theoretically go as far as to ask a judge to force you to remove it, but if you get a thumbs up from an attorney I doubt they'd try. They stand to incur significant costs if they try and fail, though they may pass that on to you (and everyone else) via assessments.

The bigger issue is that you're probably making enemies in the building. They could amend the docs to prevent further units being installed later, but they'll probably be keen to fight you every step of the way on other things.

[budullewraagh]

Regrettably, we've had disagreements in the past that mostly stemmed from the management's incompetence, and partly from the naivety of my youth - I'm not expecting them to do me any favors. I suppose you're right, though: I don't think I'll feel safe without consulting an attorney.

[bostongymjunkie]

Without commenting on the legalisms involved in the condo association rules or lack thereof, I would file an incident report with the police to document the unlawful entry into your unit. The documentation may prove useful in future proceedings. Who the hell are they to enter your unit without permission? I could see if it was an emergency, but that's no emergency.

[newmassphd]

Originally Posted by bostongymjunkie

Without commenting on the legalisms involved in the condo association rules or lack thereof, I would file an incident report with the police to document the unlawful entry into your unit. The documentation may prove useful in future proceedings. Who the hell are they to enter your unit without permission? I could see if it was an emergency, but that's no emergency.

In addition, I would have a lawyer look through the condo association documents. In some cases, there is language that you must be given prior notice before they can enter the unit unless it is an emergency.
An emergency would be something like an active leak occurred and water is flooding into another unit.
Clearly this wasn't the case.

Make sure you get a competent lawyer. Entering someone's dwelling unannounced even for apartments is a big no-no.

[budullewraagh]

Good idea, bostongymjunkie and newmassphd. I filed a police report today. The officer didn't want to take it and referred me to Housing Court, but I called state police and they got the on-site officer to accept my report. I hope he took the time to file it properly.

Newmassphd: I reviewed the condo docs myself and saw language pertaining to what you referred to: the management company can enter in the case of emergencies, but otherwise has no right. And there is absolutely no language prohibiting in-unit laundry. But maybe I'll still touch bases with an attorney just so we're ready to act in the event that the management company and/or association try anything further.

[bostongymjunkie]

Originally Posted by budullewraagh

The officer didn't want to take it and referred me to Housing Court, but I called state police and they got the on-site officer to accept my report. I hope he took the time to file it properly.

Hopefully state police gave you a copy. Filing a report doesn't mean the police will actually investigate the incident, but at least it documents the entry based on your witness, and your own self-report of the incident. Sounds like laziness on behalf of the city police.

[bostongymjunkie]

Originally Posted by bostongymjunkie

Sounds like laziness on behalf of the city police.

Meant to type "on the part of the city police", not on behalf of.

[id77]

Originally Posted by bostongymjunkie

Hopefully state police gave you a copy. Filing a report doesn't mean the police will actually investigate the incident, but at least it documents the entry based on your witness, and your own self-report of the incident. Sounds like laziness on behalf of the city police.

This is par for the course with BPD. There was another thread here not long ago where it was discussed, and my stance then is the same as now: if you weren't stabbed or shot, BPD isn't going to take much interest in your situation. Even things like robbery and assault that would get an APB in some small towns basically gets a gruff response akin to 'did anybody die? no? call your insurance company and quit bothering us' from BPD.

[bostongymjunkie]

Originally Posted by id77

This is par for the course with BPD. There was another thread here not long ago where it was discussed, and my stance then is the same as now: if you weren't stabbed or shot, BPD isn't going to take much interest in your situation. Even things like robbery and assault that would get an APB in some small towns basically gets a gruff response akin to 'did anybody die? no? call your insurance company and quit bothering us' from BPD.

It's also sometimes a resource allocation issue, as small towns have much less to do than Boston, although some Boston cops are not known for their bedside manner. It's best to go down to the police station if you are reporting something after the fact and non-emergent, and request the report be taken in person. You will probably be taken more seriously. Calling in, isn't the best approach. You may not even speak to an actual police officer.