Duplex Condo Nightmare!

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duplexunitowner

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A self-managed two unit duplex condominium has turned into a living nightmare! I need legal help. There are two units. It is a three bedroom, 2.5 bath with full basement, kitchen, bath, divided by a wall. Each unit is mirror image of the other . The driveways are common with exclusions for each unit. The yard is common with sideyards and backyards considered common with payment of gardens and exclusions for each abutting unit.

We lived here 30 years, with the first 14 years with other Unit Owner neighbors who were great. It is in a great location outside of the Boston. This other unit owner moved here 16 years ago, and has destroyed the peace of living in this condo, so much that now we are filing restraining and protective orders due to threats of personal injury and harm against us if we give her condo bills or enforce the Master Deed and Declaration of Trust bylaws regarding property boundaries. She has refused to put funds into a joint account, has threatened daily lawsuits for "watching her with big cameras" and
has acted on what appears to be her delusions around the condo. She swears that when she signed the Unit Deed for her unit,
that it meant that the other unit owner has to allow her to come in an shower, use the facilities, and to allow her to not pay condo fees, etc. She has clear symptoms of a serious mental health issue, and has parents who pay for her legal bills. Since the condo is self-managed, that means one unit owner has to make sure that the insurance is paid for, and that the property is maintained. However, this unit owner fights everything, including threats of ongoing defamation of character and false criminal charges in revenge. She reported false criminal charge that we took a campaign sign off the front lawn, and wanted for criminal arrest and trespassing on the land she believed was her private property. She hired an attorney to write a letter that we were not allowed to mow the city berm or front yard or move her things off the front lawn, or be subject to arrest or lawsuit (he was reported to the local bar). She has since gone to court to claim personal harassment due to receiving condo bills, and tried to put a restraining order to block all communication. She said she hears voices who called her at work, and she asked for the local police to have me arrested. She reported to the court that she was victim of letters from attorneys demanding fees, and she didn't owe anything and wanted us arrested. She said she could read minds of her children, and of this unit owner, and that any letters to collect condo fees will be perceived as letters to her children. She took out actions in district court to say that we were writing letters to her children, and then showed a copy of a letter we wrote demanding condo fees, or since we are a SuperLIEN state, then file lawsuit against her. She stated that since she does not feel she owes condo fees, she will not pay. Each has 50% rights to each unit under the Master Deed and Declaration of Trust. The laws clearly require her to pay common fees, and sets the boundaries. She has refused to clean gutters, and this resulted in flood damage and carpenter ants. She has refused to pay for removal of snow. It is a living nightmare. She has intentionally harassed by taking our cat and putting in her unit while our cat cried on the other side of the wall all night, and then gave her back the next day stating it was revenge for us calling about her dog barking and not on a leash. She has threatened harm. She has been reported to the police. She has vandalized the property. We can't sell it in the condition it is in. We believe she has a disease such as Paranoid Schizophrenia. She swore she did not have money to pay $50.00 for the common fence/gate that fell down, but she has thousands of dollars to pay attorney fees in frivolous lawsuits in court. I need advice. I cannot move out, though I would like to. Daily harassment. It is only two units. So under another deed, it would be three units or more, we could easily kick her out. It is my home. I don't want to give up everything, and also am now out of work due to injuries from a serious accident. This has prompted more abuse from this Unit Owner. Suggestions?
 
Why not start with a small claims proceeding and then try to enforce the judgment to determine how much money she has? If she does not pay a judgment, you may send an information subpoena with a restraining order as and if necessary. This is complicated. I'm not sure there is a simple answer especially since what you write (which I skimmed) may require an attorney to review the bylaws and other documents to determine what remedies you may have. I wish you the best of luck with this...
 
Thank you so much "thelawprofessor". I think moving forward in a small claims proceeding is exactly right and considering doing this now. Her attorney is relentless and clearly unethical, abusing discovery and harassing me daily with interrogatories based on her delusions and other psychotic beliefs. This woman reported to the local police she wanted me arrested for calling her workplace, stating there was an 'anonymous caller' about an 'anonymous staff' and she "knew" she was the staff, and that I was the caller, and wanted them to "tap" the phonelines. Her attorney then filed an action in Superior Court stating that I was harassing his client at work... The timing was after she threatened harm to me in the back yard, stating she did not agree with the boundaries of the condo lands, etc. She clearly is able to afford an attorney, but also states she is unable to afford paying for gutter cleaning and general condo fees. Thanks for your best wishes. I would advise anyone to stay away from duplex condos. You never know who is moving in next to you, and if you have 50% rights each, then tough to vote someone out. At least in Massachusetts, there is a SuperLIEN statute Chapter 183A which allows one to take actions against a Unit Owner and put a lien on their unit for nonpayment of condo fees.
 
Good news with a catch. The Unit Owner has placed her unit for sale. I learned only after I saw some unusual activity at the condo, and then searched the internet to find she listed it. It is wrongly listed as having zero condo fees. The sale is pending. Her attorney is threatening further court actions against me to block me from communicating to the realtor about the property. I have requested for a Protective Order against the attorney for this abuse. Her attorney asked for the common expense fees due, and also threatened litigation against me unless I sign the 6D certificate. He said the other potential buyer will take over the problems and I will have to work it out with him. She put the unit up for sale, believing that she could sell it without any communication to me, and then I would wake up one morning to find a new unit owner living in the unit. She also communicated that I had no right to "interfere" with speaking to the realtor and she believes she has no obligation to talk with me. Her attorney said he would force me to sign the 6D through litigation, stating that she never agreed or voted on the annual budget, so then there is no lien, because with only two units, she would need to agree on it. I expect further litigation. Her attorney told me she will not arbitrate or mediate, only litigate everything (for his own pocket). She expects for the closing on the sale of the unit in a few weeks. With thousands of dollars outstanding in common expenses, and with refusal to communicate about the most simple of concerns (wall damage, fence damage). I won't sign the 6D. I am seeking more legal help on this.
 
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