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Shawn wrote:
> 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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