Legal Question in Real Estate Law in Massachusetts
Cease and Desist order From Condo Trustees Lawyer
My husband the deed owner of our condo receives a Cease and Desist order from the trustees Attorneys of our condo asso. addressed to him and addressing him and only him in that order.It did not address the wife,relatives,or friends living or visiting the deed owners property.Then we get a $200.fine saying he violated that Cease and Desist order on 11/30/06.My husband was not home that day,nor ever in contact with the work men,but I was.I let the work men into our condo to do some repairs that was ordered by the condo asso..
We are told by the asso.to write a letter to the trustees explaining everything and asking them to remove the fine.We get another letter in the mail from the condo trust fining us $250.00 more in lawyer fee's.I call the management company and talk with our condo manager.She claims that in a Cease and Desist order they don't have to mention the wife,or anyone else in it except the deed owner,but it applies to everyone living at the deed owners address including friends and relatives visiting the deed owners address,and that is the law.Is this true? The Cease and Desist order only addresses my husband,but they claim it means everyone that lives or visits there.
1 Answer from Attorneys
Re: Cease and Desist order From Condo Trustees Lawyer
If one knows about the existence of a cease and desist order, that person is not at liberty to help violate it. If that were the case, these orders would have no effect. All you would have to do is line up all your friends and family and have them violate the order one by one, with no consequence.
But the other question is that if you were on the one hand told to do certain work, and on the other hand told to cease and desist, why are you getting contrary orders? Does this have to do with starting work at 5AM or working until midnight?
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