Snow Removal Liability for Condo

[Cmonfguy]

What is the name of your state (only U.S. law)? Massachusetts

Recently our condo's parking lot (like many other places) was hit with a lot of snow due to the recent storm. The parking lot is fairly small with not a whole lot of space for that kind of volume of snow to be dumped anywhere. Unfortunately my parking space is located in the far end of the lot, and for some reason the snow removal team hired by the condo management plowed much of the snow to my car, effectively blocking it with a mountain of snow. I informed the management about the situation and asked them to remove the snow. They eventually did a few days later with a bobcat and a dumpster truck. Then the head of management emailed me that the condo board of trustees are complaining that why my car was not removed/used after the cleanup (supposedly the management + trustees interpreted my email as urgent, even though my wording was fairly casual, I've didn't mind waiting a week or 2 for removal to be honest), that the bobcat + dumpster was very expensive, he had to wake all the trustees up to approve it, he went thru a lot of trouble for me, etc.

I'm just wondering since the snow was unfairly dumped around my parking space (and some landed on my trunk), and I have requested to have it removed: who would be liable for the extra costs. I've read my HOA Masterdeed, under Parking it mentioned: "Each unit owner shall be responsible for the proper care and maintenance of their respective parking space, however snow removal, maintenance, paving and painting of the parking area shall be shared equally by the units which have the exclusive right to use a parking space or spaces per said units' unit deeds."

I've already cleaned up as best I can *around* my car ie my actual parking space. But as for the huge pile of snow directly right behind me, I have not bothered due to it being enormous and technically it's out of my personal parking space and is part of the general parking area. So the head of management (and maybe one or few of the trustees) is seemingly against me, would these costs be liable for me, the condo association, the condo management, or the plowing company?

The last thing I want is any costs liable for me, at the same time I would feel horrible if the costs would end up in extra assessments to my fellow condo owners or drying up our emergency funds.

Thank you.

 

[FarmerJ]

I am curious , what is the posted snow removal policy as far as moving cars out of the way so plowing can be done ? Didnt any of your neighbors move their vehicles so plowing could be done ? What do you have in writing that spells out the consequence for failing to move a car? Where would the snow have been pushed to if your car had been moved ?

 

[Cmonfguy]

That's the thing, I've found no written snow removal policy. There was no note/flyer in the building, in our mail, phone call, not even a email notifying me or anyone that I know of that cars should be moved in the event of snow removal. The head of management said it himself in his reply that the snow should NOT have been placed by my car (even though he still insisted I have plenty of room, not true I have pictures), it's just that there was no room to move it anywhere else. As far as I can tell, the other cars was unmoved as well, it is an pretty small parking lot with no room to move to (and there was a statewide street parking and limited driving ban). At least one other parking spot was completely dumped with snow, i've been told that that tenant was out of town. It just so happens they decide to plow much of the snow onto my car. I just got the short end of the stick because my spot just so happens to be in the deadend of the parking lot, though surpisingly the other car opposite of my row of that deadend was spared of that snow pile.

 

[FarmerJ]

Sad to say with someones bad planning & lack of foresight it will cost all in the association more anyway. ( bring it up at next meeting to plan for in the budget at least one time a year where the snow is so deep it must be hauled off the site instead of finding places to push it to)