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Evict unwanted resident and ban smoking

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breslijo

Guest
What is the name of your state? Massachusetts.

This site is great and I'm hoping someone can shed some light on a few issues for me that are all related.

I own 1/2 of a Condex. It's a 2 Family unit. My wife and I own one unit, somebody else owns the other.

The problem is with the other unit :) It is owned by an elderly person and an older child is also on the deed. They also have a grandchild who is about 40 years old and mentally unstable. That person is a resident, not an owner or anything. The problem is that the person basically commits criminal acts in common area's of our property. I have a wife who stays at home all day with our young children and she is freightened by this person to the point where we don't want the person in any common areas, and ideally, don't want the person in the unit above us at all. For an example of the acts we are talking about, this person threatened the life of the people in the other unit, police came, and in our common hallway in front of my door, this person pulled a knife on a few police officers. This is one of many illegal incedents.

A) Can we get a restaining order of any sorts?
B) What course of action needs to be taken to ban this person from Common areas of Our property?
C) What course of action needs to be taken to remove this person from all areas of the property, including the unit owned by this person's family members?

In addition, I would like to find out how to ban smoking from certain common areas. This person smokes a pack or two a day and does it on the front steps where the smoke blows right into our unit. I would like a 20 - 50 feet buffer zone of sorts.

I eagerly await your kind responses!

Thank you very much.
 


JETX

Senior Member
breslijo said:
Can we get a restaining order of any sorts?
Based solely on the information in your post, no.

What course of action needs to be taken to ban this person from Common areas of Our property?
That can only be done, if at all, by action of the condo board or association.

What course of action needs to be taken to remove this person from all areas of the property, including the unit owned by this person's family members?
See above.... but very unlikely.

I would like to find out how to ban smoking from certain common areas. This person smokes a pack or two a day and does it on the front steps where the smoke blows right into our unit. I would like a 20 - 50 feet buffer zone of sorts.
Again, that can only be done, if possible at all, by action of the Condo board or association.

Simply, you have NO rights or standing to take any of the above actions on your own.
 
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breslijo

Guest
best course of action

In this case, the Condo Association would be my unit and their unit. What is the best course of action for me to handle these issues, primarily the common areas, banning the individual, and smoking? Is a certain type of attorney the next level I need to take?
 

JETX

Senior Member
breslijo said:
In this case, the Condo Association would be my unit and their unit. What is the best course of action for me to handle these issues, primarily the common areas, banning the individual, and smoking? Is a certain type of attorney the next level I need to take?
Is this a DUPLEX (two separate living units with a common wall, usually owned by a single owner) or a CONDO??? I just assumed your usage of the word 'condex' was in error, ignorance or humor.

If a condo, you can't do anything without the boards actions.
If a duplex, talk with the owner.
 
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breslijo

Guest
->condo, the building is only 2 units. I own the first floor, they own the 2nd floor unit. The 'association' consists of the owner of my unit (me) and the owner of the other unit (people who let the problem person live with them).

I need to find more support to win my case. Me talking to the other owner does not give me the result I am seeking, mainly, because it involves a member of the other owner's family.

However, I made my original posting here knowing as an owner, i do have some control over activities in the common areas of our dwelling.

I'm trying to get as much help from experts or people who have had similar instances as I am new to this and don't want to invest money in an attorney if I am in an unbeatable situation.

With that said, I need to find a 'legal' way to have the 'association' (aka. the other owner and me) to ban this person from common areas of our property due to the threat the person posseses.

Also, I would like assistance to create a smoking ban that I described in my first post.

And, like I said, the longshot goal is to have the person 100% banned from the entire property, but banning access to common areas and smoking would be a great first step.

All people out there who understand my post please offer additional insight.

Thank you.
 

JETX

Senior Member
Okay, first lets get rid of at least some of the confusion that your erroneous post caused.
You are a owner of one half of a duplex. That is NOT a condo, nor a 'condex' (as you called it). There is no 'condo association'. You have NO say over anything that the other owner does (just as in a 'normal' community').
Duplex: Two separate residences, usually side-by-side, but sometimes on two different floors. The former often looks like two houses put together, sharing a wall (see Semi-Detached); the latter usually appears as a townhouse, but with two different entrances.

Now, with that out of the way, your questions:

breslijo said:
Me talking to the other owner does not give me the result I am seeking, mainly, because it involves a member of the other owner's family.
And you have no standing on interfering with the other persons property.

However, I made my original posting here knowing as an owner, i do have some control over activities in the common areas of our dwelling.
What do you mean by 'common areas'???
And your 'control' is only partly. See BOTH of you have equal share/rights to the common areas (if any). That means you have no more control to force him or his 'tenant' to do anything, than they have over forcing you to lot allow your children to play in the 'common area'.

With that said, I need to find a 'legal' way to have the 'association' (aka. the other owner and me) to ban this person from common areas of our property due to the threat the person posseses.
And, I predict, that will NEVER happen.

Also, I would like assistance to create a smoking ban that I described in my first post.
You can't.

And, like I said, the longshot goal is to have the person 100% banned from the entire property, but banning access to common areas and smoking would be a great first step.
And like I said above, that will NEVER happen. The problem you seem unable to grasp is that you BOTH have equal rights to any common areas. You are getting one of the 'joys' of duplex living..... and simply will have to learn to live with your 'duplex neighbor' or move.
 
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breslijo

Guest
Not a duplex. Please read what I write. It is a condo. Condo docs, Condo Association, etc. The Association is comprised of the owner of my unit (me) and the owner of the other unit. The common used term is condex. But if you want me to chose between duplex or condo, you're answer in Condo.

If you are at all familiar with New England, the building is a typical 2 family house built in the 1930s that was converted into condominums in the mid 1990s before I was an owner. By your responses, I'm assumig you're not familiar with the area or the practice of converting old 2 family houses to condos that happens in this area.

Of course we have equal access to the common areas. But, they happen to have a family member who resides with them who is not an owner, and who is off the wall and does illegal things like pull knives on police officers in our front hall (common area) or death-threatens outside neighbors from our lawn (common area). These actions are unsafe for my unit, the neighborhood, and the Condo as a whole.

As owner and resident, I do not intend to move because the other owners allow a party to reside with them who engages in illegal activity. Nor do intend to pass this burden on to anyone. I instead am looking to fault them for the actions that happen on our common property and seek to institute a ban of the person to ensure they do not happen down the road.

Is this clear for you now?

Thank you
 

nextwife

Senior Member
And with only two units having voting rights, you will not get the "board" to agree. There is NO tiebreaking voter to sway the decision. The other owners are not going to agree to your demands.
 

Ciarraine

Member
Arrogance of these guys is amazing, isn't it bresligo?

Ok, my question to you regarding your Condex, which will prove to you I do know the housing stock up there, is are you the downstairs owner or the upstairs owner? (See? I'm asking what share of the condominium you have. And if you're the upstairs owner, I'll know you control the condex.)

That said, however, you're probably better off pursuing the TRO, and the police incidents, just from a personal and not a condominium, viewpoint.

Your condominium board CAN agree to ban smoking in the common areas or restrict it to a designated portion of the common areas, but can't ban it in the LCE's or Units. Your board can decide to levy reasonable fines for the violation of these offenses, too. But if you own the controlling interest in the Condex, what you're really doing is using the rules process to aggravate the other owner until she does something about the grandson. There has to be a better way.

Good luck.
 
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breslijo

Guest
Thank you, Ciarraine. I'm lower unit, 48%. They're upper with 52%.

We each have equal vote in the 'Association.' However, before I call an official 'meeting' and bring this to 'vote,' knowing it will be deadlocked, I want to inform them of my next course of action to accomplish what I'm looking to accomplish.

And yes, the primary goal is to provide safety to my wife and children while I'm not at home. Ancillary to that, is protecting the Condo as a whole and the neighborhood. I just want to approach this at an angle that will work and be cost-effective.

I would love to get a restraining order, but I don't know what event would qualify for one, at least at this point :) I fear down the road, there will be for sure.
 

Ciarraine

Member
breslijo said:
Thank you, Ciarraine. I'm lower unit, 48%. They're upper with 52%.

We each have equal vote in the 'Association.' However, before I call an official 'meeting' and bring this to 'vote,' knowing it will be deadlocked, I want to inform them of my next course of action to accomplish what I'm looking to accomplish.

And yes, the primary goal is to provide safety to my wife and children while I'm not at home. Ancillary to that, is protecting the Condo as a whole and the neighborhood. I just want to approach this at an angle that will work and be cost-effective.

I would love to get a restraining order, but I don't know what event would qualify for one, at least at this point :) I fear down the road, there will be for sure.
I think you're best served by not getting into a pissing match you can't win with the people who'll outvote you anyway. Your best recourse may be some mediation.

I just had huge neighbour issues myself. The way that works is you let them hang themselves with their own noose. When the neighbour sent me a threatening letter from his office on his office stationery and spraypainted something on a fence 100% on my property, that was when we could take the action that caused the change. Patience works. The condominium structure is just an envelope to put a dispute into that's not really about real estate.

Talk to a lawyer. Several will have an initial consultation with you for free or not much money.

And if all else fails, move.
 
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breslijo

Guest
well, i wouldn't be outvoted, just end up in a deadlock that would require mediation. i'm guessing consulting a knowledgable attorney will be the next step.

Move, that's funny. You're not the first person to say that. Reality is, the innocent party doesn't need to suffer. And, when the going gets tough, we can only get tougher. So, in the end, I'll get the peace my family deserves. I just need the quickest and easiest way to get there. These are almost 1/2 million dollar units too, btw, if it was a 100k pack n' play, that would be a different story.

As far as the "hang themselves" approach, so far they're doing a good job. But instead of wishing suicide and homicide and stuff on people I'd rather exercise my other, more sane, legal rights first! :)
 

Ciarraine

Member
breslijo said:
well, i wouldn't be outvoted, just end up in a deadlock that would require mediation. i'm guessing consulting a knowledgable attorney will be the next step.

Move, that's funny. You're not the first person to say that. Reality is, the innocent party doesn't need to suffer. And, when the going gets tough, we can only get tougher. So, in the end, I'll get the peace my family deserves. I just need the quickest and easiest way to get there. These are almost 1/2 million dollar units too, btw, if it was a 100k pack n' play, that would be a different story.

As far as the "hang themselves" approach, so far they're doing a good job. But instead of wishing suicide and homicide and stuff on people I'd rather exercise my other, more sane, legal rights first! :)
Cambridge? Brookline? :)

The point I'm trying to make is the condominium structure is not the right place to pursue this sort of dispute. And by hang themselves... If you're patient enough, unreasonable people end up doing unreasonable things which lead to reasonable people being able to effect change.
 

HomeGuru

Senior Member
Ciarraine said:
Cambridge? Brookline? :)

The point I'm trying to make is the condominium structure is not the right place to pursue this sort of dispute. And by hang themselves... If you're patient enough, unreasonable people end up doing unreasonable things which lead to reasonable people being able to effect change.

**A: condominium structure?
 

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