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Question about Condo Association Rules and Regulations - Massachusetts

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MattBrown0761

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

I live in a condo association and was given a booklet of rules and regulations upon moving in. We have two assigned parking spots, and then there are guest spots. It says the owners are not allowed to park vehicles in guest spots. The fines are supposedly up to the discretion of the board of trustees at the condo. There is no fee structure listed in the book of rules and regulations. There is nothing that says if you don't pay a fee by a certain time or day they will assess another fee. It also says I will receive a written notice, and a final written warning before a fine is assessed. Most of the communication now comes through email since we switched to this association, and I rarely ever use the email associated with it. I received NOTHING in the mail regarding a warning. I logged into my email and had 3 emailed warnings from the management association company. I asked them to provide evidence, mainly a picture of my car parked in the guest spot. Do they have the right to do that? If I was to try to resolve this legally, would I go through small claims court to try to recover my fees? I know there is a $40 fee to file a case in small claims court, could I ask for that?
 


Dave1952

Senior Member
How long ago did you sign the condo agreement? You mention switching associations, what's that about? It's likely that the condo agreement can be changed by the condo board, is there such language in your agreement?
If I follow this you violated the parking rules and have been fined. You have not paid this fine in a timely fashion and a late fee was added.
You hope to argue that you must be notified in writing about these fines and fees and that e-mail is not writing. You have provided the condo with an e-mail address. Your argument that you rarely read this particular e-mail account causes me to wonder why you haven't updated your e-mail address with the board. I'm not very sympathetic to your arguments but it will be up to a judge to decide this.
You don't seem to deny these parking infractions. It's not clear if some sort of parking ticket was attached to your car. I don't see that demanding photographs as evidence will get you anywhere since the testimony of the ticketer will be evidence.
For what it's worth my advice is to pay before they put you on the tow list.
 

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