- Jurisdiction
- Massachusetts
Owner of a condo unit in a two-story residential building. Building contains two units and there is another owner of the other unit. We both are the Trustees of the Condominium. The other unit owner rents their unit.
Per our CC&Rs (Master Deed/DOT): "All units should be used for residential purposes; and no unit shall be occupied as a residence by more than by more than one (1) family unit or by more than two (2) persons unrelated by blood or marriage."
Also, the Master Deed states the Common Area and facilities of the Condominium herein consists of "....(d) installations of central services such as electricity, gas, telephone, water heaters, furnaces, water and sewer service, including all access and equipment attendant thereto, but not any such wholly within a Unit and serving only said Unit; (e) all conduits, chutes, ducts, plumbing, wiring, cables, flues, pipes, and other facilities for the furnishing of utility services or waste removal which are contained in portions of the Building contributing to the structure or support thereof, and all such facilities contained within any Unit which serve parts of the Condominium other than the Unit within which such facilities are contained, together with an easement for continuance thereof and an easement of access thereto for maintenance, repair, and replacement as aforesaid"
CCR's also states: "Every lease, license, or tenancy arrangement permitting outside occupants use or possession or occupancy of a Unit shall include a provision requiring the outside occupant to comply with all terms and conditions of this Master Deed, the Condominium Trust, and the Rules and Regulations of the Condominium and that the failure of said outside occupant to comply with any of the terms of said Master Deed, Condominium Trust, and/or said Rules and Regulations shall constitute a default of said lease, license or tenancy arrangement. there shall be attached to each such written instrument a copy of said Rules and Regulations and a copy of this Paragraph 7 of the within Master Deed". (Note: Condo Association doesn't have a copy of the lease on file, not sure if it should, or if I have a right to obtain that from the other unit owner")
Issues:
1) There is an occupancy violation. There are 5 people living in the other unit, and approximately 1/2 of the month, 7-8 occupants. The occupants are not all a family unit or related by blood. I know how many people are in the unit because of cameras and the names on mailbox. I have also met these 5 people in person. Two of the occupants are "supposedly" engaged, the 3rd is the daughter from a former marriage of the engaged couple, the 4th occupant is someone not related at all to them - an older male with a different name, and the 5th occupant is the boyfriend of the daughter. The 6th, 7th, and 8th occupants 1/2 of the month are another daughter of one of the occupants, and her 2 young children. This is clearly not a family unit related by blood and more than 2 occupants unrelated by blood or marriage are occupying the unit. The problem with this is not so much I care how many people are inside the unit, but that we have one main water line that serves both units, so our water bill is paid from our condo fees and is a common expense. We have a budget. Since these tenants have moved in (2 years ago), our water bill has doubled, and our condo fees/budget will not cover the expenses. I informed the other unit owner of the water bill increase since his tenants moved in, the extra monies I paid in excess of my own condo fees to make sure our bills weren't late, and that the reason for the increase is because there are 5 people and sometimes 8 occupants in his unit. The other unit owner did reimburse me for the extra monies for the excess water bills. We split the costs 50/50 even though I was told by many people I shouldn't have split the increase, since this increase in our water expense is clearly due to the number of people living in the other unit and the occupancy violation. The other unit owner's tenant/s denied 5 occupants, and the other unit owner responded that he was informed by his tenants that there are only 4 people living in his unit. I told the other unit owner I'm sorry they misinformed you, but I have proof if he wants. He never responded to that. The solution I proposed was submetering, and he was open to that, but it appears even though our State law allows submetering our local ordinance doesn't allow for extra meters. I know there are some flow devices you can buy online and clamp on to each water line so there could be workarounds that would work.
After I raised this issue with the other unit owner (occupancy issues/water bill), one night the tenants upstairs used their kitchen hose and started spraying it out their window and into my unit. I didn't know this immediately, and thought there was a leak. I informed the other unit owner that water was coming in my unit from above (they live upstairs) and down my windows and walls. We shut off the water because of potential damage and the other unit owner stated his tenants would call a plumber first thing in the am. Upon further inspection when I went outside, I noticed there was water on the siding of our building and coming down from their window above (the other unit owners window). It wasn't raining outside that day/night. Cameras on my property (patio) showed that one of the occupants was spraying their kitchen hose out their window for whatever reason and the water went into my window moldings and into my unit. I informed the other unit owner that this tenants didn't need to get a plumber and it was clearly because of whatever they were doing with the kitchen hose and with them spraying it out their window. However, the next day the tenants had a plumber over. It was a relative of one of the tenants, as I met this plumber on the property before when they were having issues with their AC, and was told by the tenant at that time it was her brother. Maybe it was by accident, but it was surprising to me when the cause was clear (spraying their kitchen hose out the window into my windows), the tenants still got a plumber. I believe they used it as a way to get money/reimbursed from the other unit owner who really is naive, young and easy going. He lives in a different state so is not very involved to begin with.
2) Second issue is that we have 3 outside hoses - they are common area property/fixtures. I believe the tenants believe one of the outside hose faucets belongs to and is part of their unit. CCR's are clear on what constitutes each unit "basically within the walls" vs common areas/exclusive use areas outside, etc. They have attached a hose to the outside faucet. However, the water valve/line for the outside hoses is shut off because of a leak in one of the hose faucets and when it's turned on it floods, also the common area hoses are supposed to only really be used for maintenance issues (water the lawn), clean out barrels, etc. I heard one of the tenants upstairs screaming the other night that she wants to use the hose and use it as a "sprinkler" for when the children visit and that the shut off/on for the hose faucet must be in the basement and said, "I'll check it out". Issue is that tenants should not be touching common area property, or having their own agents repair any issues on common area property. The access to the basement is also only accessible through my patio which I have exclusive use to, and they are constantly trespassing it seems? Is there recourse for this as well? What if they try to turn on the common area hose/valve or have their own agent come to try to repair it. All common area fixtures/property are only supposed to be repaired by approved Trustee (unit owner) agents. As it is, our water bill is already excessive, and I don't believe using it as a sprinkler is up to or within the tenants right.
3) Third issue is that two of these occupants the engaged couple fight all the time. The CCR's are clear "Each unit owner has the right to quite enjoyment of their unit"... This couple also don't work and are home all the time. They are up at 2 am, 3 am arguing, cussing and screaming. The language is so vulgar, and my family is constantly being woken up at night. The first day they moved in they got in a fight and one of them screamed at the other outside in daylight "Welcome to the F'n neighborhood". My neighbors have asked me about the fighting and screaming. I have ignored it, and put up with it, when most wouldn't. I really should have raised this issue to the other unit owner. My fault I never did. The fighting has been picked up/recorded on my Alexa, so I could always share that with the other unit owner, but I don't like causing more problems if I don't have too. At the end of the day these tenants live over my head and may be very vindictive.
4) They have an exclusive right to one area of the lot. It's basically their parking space/area. The deed states that area is only deeded for 3 parking spaces, but they are using it to park 4-5 cars. Not a real issue, but by doing so it does block easy access to our electrical meters and AC units. They do have an exclusive right to the area the cars are parked on just that it's deeded to only 3 parking spaces but being crowded and used for more.
Any input/suggestions would be appreciated, especially with the common area property/hose issue and water issues, which is the biggest concerns. Sorry for being so long winded, just wanted to be detailed.
Per our CC&Rs (Master Deed/DOT): "All units should be used for residential purposes; and no unit shall be occupied as a residence by more than by more than one (1) family unit or by more than two (2) persons unrelated by blood or marriage."
Also, the Master Deed states the Common Area and facilities of the Condominium herein consists of "....(d) installations of central services such as electricity, gas, telephone, water heaters, furnaces, water and sewer service, including all access and equipment attendant thereto, but not any such wholly within a Unit and serving only said Unit; (e) all conduits, chutes, ducts, plumbing, wiring, cables, flues, pipes, and other facilities for the furnishing of utility services or waste removal which are contained in portions of the Building contributing to the structure or support thereof, and all such facilities contained within any Unit which serve parts of the Condominium other than the Unit within which such facilities are contained, together with an easement for continuance thereof and an easement of access thereto for maintenance, repair, and replacement as aforesaid"
CCR's also states: "Every lease, license, or tenancy arrangement permitting outside occupants use or possession or occupancy of a Unit shall include a provision requiring the outside occupant to comply with all terms and conditions of this Master Deed, the Condominium Trust, and the Rules and Regulations of the Condominium and that the failure of said outside occupant to comply with any of the terms of said Master Deed, Condominium Trust, and/or said Rules and Regulations shall constitute a default of said lease, license or tenancy arrangement. there shall be attached to each such written instrument a copy of said Rules and Regulations and a copy of this Paragraph 7 of the within Master Deed". (Note: Condo Association doesn't have a copy of the lease on file, not sure if it should, or if I have a right to obtain that from the other unit owner")
Issues:
1) There is an occupancy violation. There are 5 people living in the other unit, and approximately 1/2 of the month, 7-8 occupants. The occupants are not all a family unit or related by blood. I know how many people are in the unit because of cameras and the names on mailbox. I have also met these 5 people in person. Two of the occupants are "supposedly" engaged, the 3rd is the daughter from a former marriage of the engaged couple, the 4th occupant is someone not related at all to them - an older male with a different name, and the 5th occupant is the boyfriend of the daughter. The 6th, 7th, and 8th occupants 1/2 of the month are another daughter of one of the occupants, and her 2 young children. This is clearly not a family unit related by blood and more than 2 occupants unrelated by blood or marriage are occupying the unit. The problem with this is not so much I care how many people are inside the unit, but that we have one main water line that serves both units, so our water bill is paid from our condo fees and is a common expense. We have a budget. Since these tenants have moved in (2 years ago), our water bill has doubled, and our condo fees/budget will not cover the expenses. I informed the other unit owner of the water bill increase since his tenants moved in, the extra monies I paid in excess of my own condo fees to make sure our bills weren't late, and that the reason for the increase is because there are 5 people and sometimes 8 occupants in his unit. The other unit owner did reimburse me for the extra monies for the excess water bills. We split the costs 50/50 even though I was told by many people I shouldn't have split the increase, since this increase in our water expense is clearly due to the number of people living in the other unit and the occupancy violation. The other unit owner's tenant/s denied 5 occupants, and the other unit owner responded that he was informed by his tenants that there are only 4 people living in his unit. I told the other unit owner I'm sorry they misinformed you, but I have proof if he wants. He never responded to that. The solution I proposed was submetering, and he was open to that, but it appears even though our State law allows submetering our local ordinance doesn't allow for extra meters. I know there are some flow devices you can buy online and clamp on to each water line so there could be workarounds that would work.
After I raised this issue with the other unit owner (occupancy issues/water bill), one night the tenants upstairs used their kitchen hose and started spraying it out their window and into my unit. I didn't know this immediately, and thought there was a leak. I informed the other unit owner that water was coming in my unit from above (they live upstairs) and down my windows and walls. We shut off the water because of potential damage and the other unit owner stated his tenants would call a plumber first thing in the am. Upon further inspection when I went outside, I noticed there was water on the siding of our building and coming down from their window above (the other unit owners window). It wasn't raining outside that day/night. Cameras on my property (patio) showed that one of the occupants was spraying their kitchen hose out their window for whatever reason and the water went into my window moldings and into my unit. I informed the other unit owner that this tenants didn't need to get a plumber and it was clearly because of whatever they were doing with the kitchen hose and with them spraying it out their window. However, the next day the tenants had a plumber over. It was a relative of one of the tenants, as I met this plumber on the property before when they were having issues with their AC, and was told by the tenant at that time it was her brother. Maybe it was by accident, but it was surprising to me when the cause was clear (spraying their kitchen hose out the window into my windows), the tenants still got a plumber. I believe they used it as a way to get money/reimbursed from the other unit owner who really is naive, young and easy going. He lives in a different state so is not very involved to begin with.
2) Second issue is that we have 3 outside hoses - they are common area property/fixtures. I believe the tenants believe one of the outside hose faucets belongs to and is part of their unit. CCR's are clear on what constitutes each unit "basically within the walls" vs common areas/exclusive use areas outside, etc. They have attached a hose to the outside faucet. However, the water valve/line for the outside hoses is shut off because of a leak in one of the hose faucets and when it's turned on it floods, also the common area hoses are supposed to only really be used for maintenance issues (water the lawn), clean out barrels, etc. I heard one of the tenants upstairs screaming the other night that she wants to use the hose and use it as a "sprinkler" for when the children visit and that the shut off/on for the hose faucet must be in the basement and said, "I'll check it out". Issue is that tenants should not be touching common area property, or having their own agents repair any issues on common area property. The access to the basement is also only accessible through my patio which I have exclusive use to, and they are constantly trespassing it seems? Is there recourse for this as well? What if they try to turn on the common area hose/valve or have their own agent come to try to repair it. All common area fixtures/property are only supposed to be repaired by approved Trustee (unit owner) agents. As it is, our water bill is already excessive, and I don't believe using it as a sprinkler is up to or within the tenants right.
3) Third issue is that two of these occupants the engaged couple fight all the time. The CCR's are clear "Each unit owner has the right to quite enjoyment of their unit"... This couple also don't work and are home all the time. They are up at 2 am, 3 am arguing, cussing and screaming. The language is so vulgar, and my family is constantly being woken up at night. The first day they moved in they got in a fight and one of them screamed at the other outside in daylight "Welcome to the F'n neighborhood". My neighbors have asked me about the fighting and screaming. I have ignored it, and put up with it, when most wouldn't. I really should have raised this issue to the other unit owner. My fault I never did. The fighting has been picked up/recorded on my Alexa, so I could always share that with the other unit owner, but I don't like causing more problems if I don't have too. At the end of the day these tenants live over my head and may be very vindictive.
4) They have an exclusive right to one area of the lot. It's basically their parking space/area. The deed states that area is only deeded for 3 parking spaces, but they are using it to park 4-5 cars. Not a real issue, but by doing so it does block easy access to our electrical meters and AC units. They do have an exclusive right to the area the cars are parked on just that it's deeded to only 3 parking spaces but being crowded and used for more.
Any input/suggestions would be appreciated, especially with the common area property/hose issue and water issues, which is the biggest concerns. Sorry for being so long winded, just wanted to be detailed.
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