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Uh... Seek competent legal help.
That said, I think they should have had it in the condo docs or you should
have received some written document stating that your parking spot was the
garbage zone.
How sad. lol
Anyway, the door sounds like a good option. You could get your car key back
from the super that way too.
I was trying to think if you had any leverage to use with the trustees.
Having the space deeded to you and no easement, I'd suggest walling it
off completely so no one can get garbage into it in the first place. Nasty,
I know; but the threat of such might put the trustees in a mood to split the
cost of your new door with you. Eh, you probably need permission to build
anything in "your space" in there anyway.
The 30 year thing doesn't sound right to me. Not really easement by
necessity cause the garbage doesn't "need" to be there. Adverse Posession
maybe. lol (is there a sign that reads "garbage goes here" or "this space
reserved by trustees for garbage"??)
Definately see a real estate attorney or post on creonline and wait for one
of the gurus to weigh in.
Channel
Realtor NOT Attorney and not in your state. :-)
"Shawn" <shivanishah_2004@yahoo.com> wrote in message
news:1144116243.287862.317380@t31g2000cwb.googlegroups.com...
> I bought a condo in Boston. When we saw it for the first time, the
> seller's agent showed us the place and the tandem parking. The
> parking had 3 garbage bins on the side. The garbage bins have garbage
> for the entire building. The cars have to be moved out of the spot to
> remove the garbage bins. The seller's agent casually mentioned that
> when the garbage truck comes, the building superintendent will move
> your car so that the garbage guy can take the bins out and unload the
> garbage. To do so, you just have to give your car keys to the
> superintendent. He did not give this in writing.
>
> We thought that we work during the day time so we are not home and the
> cars are not home so it should not be a problem
>
> After we moved in, we found out that the garbage truck comes early in
> the morning. The superintendent at that time was living in the same
> property but now he lives 30 minutes away.
>
> I looked at the master deed and condo docs and there's no document
> that says that the garbage should be in my parking spot. There's no
> easement for this. In fact, the document says that I've the full and
> exclusive right to rent, sell and use the parking space, which is
> deeded.
>
> I talked to the trustees, who admitted that this is a 'problem',
> suggested that I should sue the seller's agent and get monetary
> reimbursement. The developer who sold this unit to Mr.X (previous
> owner), sold the parking at a deep discount because of the garbage
> bins. The trustees say that the garbage has been there for 30 years and
> they have right to keep it there.
>
> One of the trustee suggested that I should find an alternate location
> and pay for any cost that is associated with moving the bins (building
> a shed, making doorway in the wall so that the garbage man does not
> have to go from my garage) etc.
>
> My short term problem:
> 1) Inconvenience. The superintendent lives 30 minutes away. What if he
> refuses to move my cars one fine day?
> 2) What if the superintendent retires and the new superintendent for
> the building refuses to move my car.
>
> Long term:
> It is going to effect resale of my property. I bought this property in
> hurry but the next buyer is definitely see this as issue.
>
> What are my options? What should I do? Is it true that since they have
> kept the garbage at that location for 30 years, they have a right to
> keep it there? If so, am I required by law to move my cars? What if I
> take my car keys back from the superintendent and refuse to move my
> cars? Can I've them legally move the garbage bins to alternate
> location?
>
> Thanks,
>
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Re: Need advise on parking situation - I am being bullied
