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Old 02-12-2013, 12:47 PM
 
87 posts, read 212,736 times
Reputation: 54

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MEEB / Law Offices Of Marcus, Errico, Emmer & Brooks
these are the guys you want (or not depending on whose side they are on). But from what you are describing you have tried everything else and educated yourself about your rights. Sadly this happens. People are priced out of getting a property unless they get a condo in certain neighborhoods. The police should have no jurisdiction over this unless she files civil or criminal charges against you personally.
If she did not deliver on her part than you have a right to foreclose on her, it should be in your bylaws. If you want to stay there that is your only option. Than if you can buy her place and rent it out or sell it to recoup your costs.
You could try selling but at a greater loss. Another route is to talk to your mortgage company and threaten with walking away from your mortgage. See where that takes you.
Best of luck and sorry for your misery
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Old 02-17-2013, 01:39 AM
 
42 posts, read 89,553 times
Reputation: 40
Good news. Last week she put the unit on the market and within 3 days, has a potential buyer. Listed as sale pending. Now the financing, which will probably not go through because she has a lien on the unit and she won't pay condo fees. The listing states that the condo fees are $0.00. (Free living). I didn't know about the listing until I saw the realtors running around here last week, and then went online to find it listed. She had an obligation to let the Condo Association (just including the two units) know of any changes to the condo. No signs up, no Open House. Clearly she was hoping to sell it without telling me, take the money and run, leaving me with all the bills or the next unit owner. But there is a lien and lawsuits, and I hold the 6D certificate. She cannot leave until I sign off on it.

Mike, yes, we bought it many years ago and didn't know what we were getting into. It looked like a great place. The first unit owners were great, and then they sold the unit to her. It was bad from the start, when she first came over and demanded to come into my unit to take a shower, telling me I was obliged to allow her to because I was her "housemate." Then she would not agree to place funds into a reserve account, although the condo docs require this. She did not agree to an annual budget, stating that if she does not agree, and there are just two units, then there are no condo fees. Article V in the condo documents have a clause about going to arbitration for certain disputes over 30 days. It is mostly for disputes regarding repair of the property. She has refused arbitration. She also refused mediation. Presently she is having me litigated because she believes she heard voices talking to her at her workplace, and believes she is a victim of slander, libel and defamation. She went to the local police to have me arrested and asked them to wire-tap the phonelines. The belief is that she may have Schizophrenia, Paranoid type or something else. Her attorney is taking advantage. It is my hope that she will be out of here very soon. There is no resolution because she is too mentally ill to work with.
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Old 02-17-2013, 02:03 AM
 
42 posts, read 89,553 times
Reputation: 40
Irena, yes, they wrote the books on condo law. I spoke to them but was unable to afford them. The local police had no right getting involved, but she insisted that her children were harmed. For example, she told the police that her children woke up and went to school and saw the condo door was vandalized. She reported that it had graffiti. The local police wrote up a report, against me, without doing any investigation. It was eventually dismissed. She also used the 258E harassment prevention order complaint to state she was a victim. She made it out that she was a social worker, and that her children were victims, and that I as a neighbor was out to get her. She denied that it was about paying condo fees.
So she worked the courts for her advantage to harm me. She then kept changing her story and changing the days of the vandalism, claiming she was a victim of religious persecution, and more. The problem was that no one person heard all of it. The way the court works is that everyone only heard a piece, and she came on strong that she was a social worker, that I was ill, and a threat to her children. She told me in advance she planned on doing this so she could destroy my life by using her children's names, stating she would never agree that this was a business. After many actions against me, the judge finally told her to not go back, and she would not hear anything else at district court against me. So she then went to Superior Court and filed actions against me.. Then she wrote fraudulent letters she said were from her children, and gave it to the court. She still has not paid condo fees, or agreed on it. The property has been neglected, and it is visible. I am pleased she is leaving. My concern is that the new owners will not treat it like a condo either, but want to treat it like a single family house. As such, and with self-managed, then it will become the fight to get the property maintained, bills paid. Funds are required to be placed into a Reserve Account and other funds into an Operational Acct per condo docs. We are required to meet for an annual budget meeting. Holding the 6D certificate is some leverage.
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Old 03-12-2013, 08:23 PM
 
3 posts, read 16,194 times
Reputation: 10
I was curious if their was any update on this situation?
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Old 03-26-2013, 05:38 PM
 
42 posts, read 89,553 times
Reputation: 40
hlkw... Yes, the latest... The sale is pending, purchase and sale done but she advertised false report that there was no condo fees... Her attorney is filing multiple lawsuits against me trying to compel me to sign a 6D certificate and refusing to pay for condo fees... as well as other daily harassment such as videotaping me in the backyard, frivolous lawsuits. There is a lot of evidence now to support that her attorney seems to be violating his ethics, and lot more problems. It makes no sense to me that someone who is ready to move out, is spending thousands of dollars on frivolous lawsuits intended to harass me, and not pay condo fees..
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Old 03-27-2013, 08:13 AM
 
Location: 42°22'55.2"N 71°24'46.8"W
4,848 posts, read 11,751,074 times
Reputation: 2961
Did you place an official lien on her unit for the unpaid condo fees? When I say official, I mean did the Board send her a 30-day notice of the unpaid fees via USPS registered mail, then after no response file the lien through the County Clerk. As long as that's been done, there is no way their lawyer can force you to sign the 6D.
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Old 03-27-2013, 08:54 AM
 
Location: Needham, MA
8,525 posts, read 13,906,155 times
Reputation: 7908
Quote:
Originally Posted by Parsec View Post
Did you place an official lien on her unit for the unpaid condo fees? When I say official, I mean did the Board send her a 30-day notice of the unpaid fees via USPS registered mail, then after no response file the lien through the County Clerk. As long as that's been done, there is no way their lawyer can force you to sign the 6D.
An association can also foreclose on a unit for unpaid association fees. That involves a lot of legal fees and is a long process though.
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Old 03-27-2013, 11:41 PM
 
42 posts, read 89,553 times
Reputation: 40
thank you. Yes, there are only two unit owners so we are both part of the condo association.
She was served properly by an attorney with 30 day and 60 day notice, and it was recorded as a lien at the
Registry of Deeds and at Superior Court, to perfect the lien. They are giving the arguments that include that
this woman did not agree on the annual budget, and refused to make any counter proposals on annual budget. So since she did not vote, her attorney is saying that to say there is a lien is fraudulent. But my position was and has been, that I contacted her, and we made many many attempts to get her to vote, and she has refused to participate. As such, our condo cannot be run without a budget. Instead, her attorney stated in a letter that she pressed civil restraining order charges against me (harassment) claiming that I harassed her because I was demanding for her to come to condo association meetings and/or vote by proxy. So now he wants to sell it.
And refusing to go to mediation or arbitration.

I am considering that since the court action is coming up in a few days for their new TRO to compel me to sign, then if I move it to arbitration ASAP, then they have to respond in arbitration (all condo disputes regarding repairs need to go to arbitration if not settled within 30 days). All this attorney wants is more and more litigation. It is bizarre given that I wish for her to leave, and she has a P&S already, and cannot close until she gets a clean 6D. So she is forcing me to sign with litigation and refusing to pay condo fees.
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Old 03-28-2013, 12:34 AM
 
1,018 posts, read 3,367,759 times
Reputation: 588
wow just after reading all of this, it makes me just want to rent all my life or buy a single house where the closest house is at least 20 feet away.

thats lots of BS just to have a place with a HOA.
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Old 03-28-2013, 01:18 AM
 
Location: Ohio
2,310 posts, read 6,791,974 times
Reputation: 1949
Quote:
Originally Posted by civic94 View Post
wow just after reading all of this, it makes me just want to rent all my life or buy a single house where the closest house is at least 20 feet away.

thats lots of BS just to have a place with a HOA.
Sounds like the problem is not with the HOA. OP has a neighbor from hell.
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