condo owner refused docs by property manager

Jurisdiction
Massachusetts
my condo association's snow plow company rear ended my car in my driveway and left the scene [late at night during snow storm]. after much wrangling, their company paid through insurance but not in full. we are in small claims next week.

I am seeking a copy of the contract they had [they've since been fired] during that winter. Property manager says I can view it but not photocopy it. He also said the association's attorney said it would be inadmissible in court.

MA law ch 183 reads:" Such records shall be kept in an up-to-date manner within the commonwealth and shall be available for reasonable inspection by any unit owner or by any mortgagee holding a recorded first mortgage on a unit during regular business hours and at such other times as may be provided in the agreement between the manager or managing agent and the organization of unit owners. Access to said records shall include the right to photocopy said records at the expense of the person or entity making the request."

The last sentence seems clear to me. Am I missing something?
 
my condo association's snow plow company rear ended my car in my driveway and left the scene [late at night during snow storm]. after much wrangling, their company paid through insurance but not in full. we are in small claims next week.

I am seeking a copy of the contract they had [they've since been fired] during that winter. Property manager says I can view it but not photocopy it. He also said the association's attorney said it would be inadmissible in court.

MA law ch 183 reads:" Such records shall be kept in an up-to-date manner within the commonwealth and shall be available for reasonable inspection by any unit owner or by any mortgagee holding a recorded first mortgage on a unit during regular business hours and at such other times as may be provided in the agreement between the manager or managing agent and the organization of unit owners. Access to said records shall include the right to photocopy said records at the expense of the person or entity making the request."

The last sentence seems clear to me. Am I missing something?
I agree - based on what you posted (only), you should be able to photocopy it.
Of course, as you were told, it will make no difference in court.
 
thank you for the reply.

it may not make a difference to the outcome but is that the same as "inadmissible". I think of inadmissible as "not allowed". I think of "not making a difference" as a bit less harsh, like irrelevant
 
I am seeking a copy of the contract they had

Why?

the association's attorney said it would be inadmissible in court.

That's probably true because it wouldn't appear to have even the slightest relevance to your lawsuit.

The last sentence seems clear to me. Am I missing something?

I agree with you, but your recourse would be to sue the HOA, which would be ridiculous.

it may not make a difference to the outcome but is that the same as "inadmissible". I think of inadmissible as "not allowed". I think of "not making a difference" as a bit less harsh, like irrelevant

I agree that "not making a difference" is roughly the same as irrelevant. See Rule 401 of the Mass. Rules of Evidence. However, the rest of this paragraph makes it sound as though you think irrelevant evidence is or should be admissible, which is just plain wrong. Mass. R. Evid., Rule 402 ("Irrelevant evidence is not admissible."). Therefore, the fact that it won't make a difference means it's not admissible.

Do you have some sort of theory that might make the contract relevant?
 
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my condo association's snow plow company rear ended my car in my driveway and left the scene [late at night during snow storm]. after much wrangling, their company paid through insurance but not in full. we are in small claims next week.

Why not in full? Have you had the damage repaired for a different amount or are you suing based on a repair estimate which was higher than you were paid? How much?

I am seeking a copy of the contract they had [they've since been fired] during that winter.

Why? What difference do you think it would make? You already have enough evidence of fault.

Property manager says I can view it but not photocopy it

So? Go view it. And when you have it in your hand take out your camera phone and take a picture. If anybody gripes you've already got the photo.

He also said the association's attorney said it would be inadmissible in court.

He's probably right. It has nothing to do with your lawsuit.
 
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