Legal Question in Real Estate Law in Massachusetts

Removal of vandalized car in condo lot

I live in a condo and would like to know if the Condo trustees/management association has any rights in the situation below:

The owner of a unit deceased and the unit was left to a son. The property may still be in probate. In the meantime a grandson is occupying the unit. There seems to be some kind of feud and the grandson�s car (parked in a condo lot space associated with the unit) has been vandalized � first with tires slashed, more recently with all of the glass being smashed out. This looks great and does wonders for our property value, not to mention our enhanced security risk as a consequence of violence.

I have been told that we have no rights and can�t get the car removed. Is this true?

Thanks for any help you can provide.


Asked on 6/02/02, 3:22 pm

1 Answer from Attorneys
Richard Klibaner Klibaner & Sabino

Re: Removal of vandalized car in condo lot

The rights of the condo association to force removal of the vehicle will depend on the terms of the condominium documents, such as the master deed, the by-laws of the organization of unit owners and any rules and regulations adopted pursuant to these. Often, the condo documents will restrict the use of parking spaces in various ways, such as to operating and registered private motor vehicles. There may also be provisions concerning the maintenance of a nuisance, which might apply. Often, the documents will allow fines to be levied for violations of such provisions.

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Answered on 6/03/02, 10:23 am


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