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Can I take my condo association or board of trustees to small claims court??

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MattBrown0761

Junior Member
What is the name of your state (only U.S. law)? MA

I have discussed a parking issue with my condo association board, they have decided to basically make their own rules which goes against what is listed in the rules and regulations of the condo association. I feel I have been unjustly persecuted as I'm a younger unit owner and the older people have nothing better to do than give me trouble. It says in the rules and regulations you are allowed to park your car in the garage and the one spot behind the dooor...specifcally. The condo board fined me for having a second car parked behind my garage, but when I reported and took pictures of multiple other units in violation, they told me that it is ok to have another vehicle parked in that spot during the day but not overnight. It SPECIFICALLY says in the rules and regs you are only allowed the spot behind your door and the spot behind your garage. I was given a ticket myself for having two cars parked. My question is who would I take to small claims court and could this be taken to small claims court? It is a $20 and $25 fine I received. Would I have to take the whole board of trustees to small claims court? Would I take the condo management association to small claims court? The board of trustees threatened that if I took them to court I'd have to pay any legal fees associated with their lawyer, but I am under the impression there are no lawyers in small claims court? Any help is greatly appreciated as I feel like I am being unjustly accused and persecuted here.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? MA

I have discussed a parking issue with my condo association board, they have decided to basically make their own rules which goes against what is listed in the rules and regulations of the condo association. I feel I have been unjustly persecuted as I'm a younger unit owner and the older people have nothing better to do than give me trouble. It says in the rules and regulations you are allowed to park your car in the garage and the one spot behind the dooor...specifcally. The condo board fined me for having a second car parked behind my garage, but when I reported and took pictures of multiple other units in violation, they told me that it is ok to have another vehicle parked in that spot during the day but not overnight. It SPECIFICALLY says in the rules and regs you are only allowed the spot behind your door and the spot behind your garage. I was given a ticket myself for having two cars parked. My question is who would I take to small claims court and could this be taken to small claims court? It is a $20 and $25 fine I received. Would I have to take the whole board of trustees to small claims court? Would I take the condo management association to small claims court? The board of trustees threatened that if I took them to court I'd have to pay any legal fees associated with their lawyer, but I am under the impression there are no lawyers in small claims court? Any help is greatly appreciated as I feel like I am being unjustly accused and persecuted here.
Take them to court for what? You freely admit that you violated the rules. "But they are doing it too..." didn't work with your parents when you were a kid and it doesn't work now.
 

MattBrown0761

Junior Member
Take them to court for what? You freely admit that you violated the rules. "But they are doing it too..." didn't work with your parents when you were a kid and it doesn't work now.
really? so if the US government decides to tell me I don't have to pay taxes, but you have to continue to pay taxes, you'd just accept that and move on right? if you read my post i'm doing this for the principle...I am being singled out by the older condo board members when I've caught multiple other members in the condo violating the policy and receiving no fines or warnings. Are you possibly one of the crusty old people who lives at my condo association?

and no Zigner, I didn't admit to the board that I violated the rules. As far as anyone else knows I didn't violate the rules. So assuming I didn't violate the rules I'm looking for professional legal opinions not your cynical lecture.
 
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MattBrown0761

Junior Member
Is there a written policy procedure to follow for households who have two vehicles ? =
yes it says specifically in the condo rules and regs you are allowed your garage spot, and the spot behind your door. i went around my complex photographing all of the illegally parked cars, including my neighbors who is on the condo board of trustees. when i submitted the picture evidence they basically decided to make up their own rules, they then told me that it was ok to have two cars parked outside as long as it wasn't overnight...it specifically says in the rules and regs otherwise. I also received a fine on MAy 10, 2014, the reason for the fine says "2 cars parked outside unit." I emailed them about this and they are not responding, I believe because they don't have a legitimate answer.

I said I Was going to take them to small claims court. They said they would bill me the fee for an attorney if I did that. I was under the impression in small claims court there are no attorneys. Since it's a condo association would they have to pay one to go to small claims court to represent the association? Ilooked up online and it said the board members may have indemnity so I can't take them individually. If I go to small claims court and win, can they still bill or charge me for the cost of their lawyer???
 

Just Blue

Senior Member
yes it says specifically in the condo rules and regs you are allowed your garage spot, and the spot behind your door. i went around my complex photographing all of the illegally parked cars, including my neighbors who is on the condo board of trustees. when i submitted the picture evidence they basically decided to make up their own rules, they then told me that it was ok to have two cars parked outside as long as it wasn't overnight...it specifically says in the rules and regs otherwise. I also received a fine on MAy 10, 2014, the reason for the fine says "2 cars parked outside unit." I emailed them about this and they are not responding, I believe because they don't have a legitimate answer.

I said I Was going to take them to small claims court. They said they would bill me the fee for an attorney if I did that. I was under the impression in small claims court there are no attorneys. Since it's a condo association would they have to pay one to go to small claims court to represent the association? Ilooked up online and it said the board members may have indemnity so I can't take them individually. If I go to small claims court and win, can they still bill or charge me for the cost of their lawyer???
Mr Brown...Move to NH.

You will likely enjoy it more. :rolleyes:
 

STEPHAN

Senior Member
So if you get a speeding ticket, you send a video of other cars on the street that did not get caught to avoid paying your ticket?
 

MattBrown0761

Junior Member
So if you get a speeding ticket, you send a video of other cars on the street that did not get caught to avoid paying your ticket?
If the cops had a speed trap on a road, and decided to pull over any individual under the age of 30, and allow any individual over the age of 30 to speed would you say that is fair?
 

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