Can You Help Me Transcend?

tran·scend

Definition:  to rise above; surpass; to be greater than.

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How does a person rise above a nightmarish condo situation, while having to live there day after day? 
I can tell you, it isn’t easy.

CONDO HELL.  Soon, I will have lived in condo hell for four years.  It started out with a quick change in attitude from the guy who sold me the condo as soon as I bought the place.  (He was also the Developer, and is one of the Trustees.)  His behavior went from friendly and agreeable to dark, antagonistic, and, on occasions, threatening within a short time after my purchase.

Within a month, I had my first bout of raw sewage and overflow incidents which kept happening for the next two years.  This Trustee would not take responsibility to have the situation corrected, even after the City’s Plumbing Inpector contacted him and told him he needed to get it fixed.* 

On top of the sewage problems, the condo was filled with rental tenants who did not give a hoot about the neighbors or the property.  I was dealing with second-hand smoke streaming through my condo, excessive noise on a regular basis (any time of the day or night), unseemly trash and property maintenance issues, etc.  I witnessed violence between the tenants on a couple of occasions, and even received a death threat from a former neighbor.  On the day that neighbor moved out, my car was seriously vandalized. 

There was a stream of bug infestations, mold issues after the sewage incidents, and health scares.  I have lived in fear of illness and disease, retaliation, and for my general safety for four, long years.

SEEKING JUSTICE AND TRANSCENDENCE.  While I wait for the court system to decide if I have a case, with little understanding of what I can really expect, I am being encouraged by caring people to find a way to ‘transcend’ this place and experience.

I adore my pets, and I have one who is very, very special.  This beloved cat suffered through chemotherapy after being diagnosed with nasal lymphoma.   Research says the disease is exacerbated in dogs and cats from second-hand smoke.   That is what we lived with for two years, due to the fact that we have no ‘fire stop’ between the condos.  I had sore throats most mornings, when the former rental tenant lived in the abutting unit; and I found out later that he smoked more than cigarettes in there.  The Trustee I mentioned owned that condo, and did virtually nothing to help. 

I want to spend as much time with my pets as possible, but I find myself not wanting to go home after work.  I want to be able to enjoy their company and relax, and/or do some creative writing or work on my charitable pursuits when I get home each day.   But nothing changes for long in that building.  I have tried meditation, and I’ve begun doing more things outside of the condo, so I don’t have to spend a lot of time there.  But how and when do I get to enjoy a peaceful, safe, respectful home?  I pay two mortgages, rising real estate taxes, and condo fees, and yet I do not feel like this is ‘home.’

Any ideas?  I figured I’d put this out to the ‘Universe’ since I’m not having a lot of luck on my own. 

Just so you know, I joined a spiritual congregation to find some community and to meet folks with similar values. I’ve tried implementing gratitude exercises, too.  I try to list things each day I’m grateful for, including having a roof over my head.  Yet, it sometimes feels hollow, as I struggle with frequent and continuing condo- or building-related annoyances and incidents. 

I could use some guidance, ideas, and insights.  Does anyone have experience transcending a really bad condo experience?  Could use a few ‘there’s light at the end of the tunnel’ stories, if you’ve got’em.  

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* This situation culminated into what I now think of as The Great Raw Sewage Overflow of Summer 2009.  For a couple of days, other people’s fecal matter and tainted water poured into my tub, toilet and dishwasher, and overflowed into my other rooms.  I was terrified for my pets’ health and safety, and we were virtually homeless for a few days.  (I still shudder if I think about it for too long.)

Are you stressed out?  Feeling alone, especially after trying to get resolution from a developer or trustee?

JOIN OUR CLUB.  We are folks with experience dealing with serious condo issues, and we believe there is ‘power in numbers.’

Just raise your hand right now, and say “Hi.  My name is [insert name here] — and I’m a condo owner.”  It’s all right.  You’re not alone.  You probably have Condo-itis.

Condo-itis is a term to describe the sometimes-painful condition of owning a troublesome condo.  Whether you’re dealing with unscrupulous developers and trustees, negligent realtors, bothersome neighbors, or indifferent local politicians—we know how bad it can feel seeking problem resolution on your own.

You may just need some ideas.

You may need someone to talk to.

You may need a full-blown intervention. 

Don’t try to heal from Condo-itis on your own.  Send an E-mail to BonnieRain@aol.com, and let us know what you’ve been dealing with.   Read some of the previous blog entries to get an understanding of the lessons we have learned while dealing with our own condo nightmares.

United we stand.

We The People...Deserve Our Condo Rights!

Ed B. and Bonnie Rain believe that we can help change things for the better when other condo owners stand up with us.  And believe us…laws need to change to be in support of condo owners!

That man was quickly arrested.    

One news article wrote “The Department of Justice takes threats against government officials seriously, especially threats to kill or injure others.”   

ANY JUSTICE FOR REGULAR FOLKS?  While it makes sense that the police would take any threats to politicians seriously, I’m wondering…what about us regular citizens?  For example, I’m a tax-paying citizen and a business professional who volunteers with a local non-profit in her spare time.  I am just your average person; not a politician/government official, rich mogul or celebrity.   So, if I receive a death threat, should I expect the police or anyone to take it seriously?  Is there justice for regular folks?     

In addition to my ‘regular citizen’ status, I am also someone who bought a condo-from-hell in Summer 2007, and who has been living an ongoing nightmare due to a bad-seed Developer/Trustee (who was also the Seller).   Instead of a cozy, convenient little home, I’ve had to deal with a plethora of maddening incidents, including:  

• Two Years Worth of Plumbing & Raw Sewage Overflows and Bacteria
• Health-Robbing Second-Hand Smoke Exposure
• Ongoing Insect Infestations
• Excessive Noise and Rental Tenant Violence
• Concerns Regarding Safety & Retaliation
• Ongoing Condo Trust Rule Violations
• Condo Fees and Budget Deficits
• Building & Property Maintenance Issues
• Deceptive Selling Practices

Trying to get resolution from the Developer/Trustee has been futile.   Even after waiting for two years to get the raw sewage problem fixed, he and his contractors still managed to put me through hell─damaging, breaking, losing and/or taking some of my property during the renovation.  This person lied to me about the state of the plumbing before I purchased the condo (among other things), and does not follow the condo trust rules I was made to sign.   

[NOTE TO POTENTIAL CONDO BUYERS:  If the Trustees and rental tenants have no rules, and the condo owners have to follow the rules, you get something like anarchy. ]  

From my bird’s-eye view, there seems to little chance for justice in my case unless I can come up with $5,000 to $15,000 for an experienced/aggressive attorney’s retainer.  Even then, I’ve been told (by an attorney), that attorneys are notorious for finding ways to use up retainers before anything is actually resolved. 

MY DEATH THREAT.  Earlier this year, my life was threatened by an upstairs neighbor who had been causing me a lot of sleepsless nights, headaches and chest-tightening moments for over two years.   On this occasion, I went upstairs asking, once again, that they “please” hold the noise down so I could think, hear, and enjoy my own home.   The neighbor began yelling through the door at me…seemingly even before knowing what I was knocking about.   Then this person opened the door as I was walking back downstairs and screamed to me that they would kill me if I ever went up there again!   

Shaking and upset, I dialed the police.   They came to my condo quite a while later, but not because I called them.  It turns out the neighbor called, too, telling a pack of lies.  One lie was that I had done some kind of damage to their door, and another was that I had gone up there repeatedly that night.  

I couldn’t believe it!  

These neighbors are capable of anything, in my mind.  They caused me a lot of sleepless nights for over two years, and threatened to kill me ─ and the police didn’t even come for me!?  What?!  

PALLID POLICE REPONSE.  Although the two police officers who showed up at my door finally realized that I was the one who had been dealing with the neighbors’ excessive noise and that I received a threat to my life, they did very little.   

The next day, I went to the police station to talk to someone in charge about the fact that they never came for my call, although my life was threatened.  The Sargent explained that they accidentally crossed the two calls, and admitted that they should have responded to me sooner.  He also encouraged me to fill out a police report.  

I filed the necessary paperwork at the police station that day, and got a call from a detective a week later.  Then I had to wait for three months to get a court date.    

When I finally did get to the courthouse, I provided the detective a document from two years ago that gave proof of my ongoing problems with this neighbor.  After speaking with me, the detective took the neighbor aside.  About a half hour later, he came out and said that a) because this neighbor didn’t have a prior record, and b) because the family was planning to move by July that we didn’t need to go before a Judge.  He said it would be better if we just let them move out.  Since this was my first time in this kind of situation, I didn’t know any of my rights or what to do, so I just left at his suggestion.  

Before I left, I told the detective I was afraid of more retaliatory incidents; and that is exactly what I got. 

I felt these troublemaking neighbors were watching me!

NEIGHBORS RETALIATE.  After that court incident, the noise above my condo got louder and more regular, and the stomping was perfectly timed to when I walked through my door on some nights.  They even orchestrated it so that the noise started just before and after my neighbor from across the street would visit.  It was like they were watching me!  It became unbearable at times, and I was still not sure how physically dangerous they were.   

Finally, at the end of May, they moved out.  That final day was one of the worst regarding noise!  I didn’t dare leave for fear they would either flood the place or set it on fire.   The family’s little boy, who I had never seen outside on his own before, was suddenly playing right in front of my windows and near my car.   I found out the next day that they had keyed my car before they left ─and how!   They got both sides.  The passenger’s side was clearly done by a child.  The other side had more precision, as if done by an adult.   

Car vandalized on night the horrible neighbors moved out.

When I contacted the detective about the vandalism, he said because I didn’t see it happen, there was nothing he could do.  I thought “Gosh, I’ve heard that criminal cases where people actually go to jail are sometimes won on circumstantial evidence, and this crime professional can’t help me with this?”  I mean, he knows they threatened me.  He knows they have retaliated against me in the past.  He knows that the severe vandalism was done on the day they moved out.  I just wanted to holler “DUH!”     

However, I realized again that because I am not a politician, rich mogul or celebrity that I had no leverage, and little chance of justice.   

I say we must ALL be Politicians, then.  Okay, maybe not actual Politicians…but we must stand up for our rights and demand that we receive the same protection afforded to the wealthy, rich and politically-linked folks.   

What is the message when someone like me receives little or no support during a nightmarish ordeal…all relating to this fricken condo?     

I’m a tax-payer.  A citizen and property owner.  Someone who strives to be a good person.   Don’t I deserve justice and protection, too?   

All I can come up with is that you’ve got to PAY to PLAY.  You’ve either got to be poor enough to receive whatever free legal services are available, or you need to be rich so you can hire the best.  If you’re in the middle, with credit card debt, rising inflation, mortgages, and other obligations, and you do not have thousands of dollars to spend on an attorney, you could be seriously out of luck.   

The American Dream?  Middle Class America?  What?  Who?    

Just another of them thar fairytales from long, long ago, I suppose.   

HOW DO WE CHANGE THINGS?  I just read somewhere that some police officers in France have been pulling over good drivers and awarding them with substantial gas vouchers.  Now that’s a switch, huh?     

Don’t get me wrong.  I’m not suggesting that I want the police to have yet one more reason or additional authority to pull us over on a whim.  I just think that the idea of rewarding good, law-abiding people is an interesting one.     

What would it take for this country’s Middle-Class Americans to feel like they are supported, safe and truly free?  I just don’t know anymore.   And I yearn for real change.    

United we stand.

WE MUST ALL BE POLITICIANS.  So, let’s all be like a good Politician, huh?    

Let’s be actively involved in meaningful things, and interested in helping as many people as possible.  Let us inspire others.     

And let’s avoid bad company and shed light on injustice.    

In doing so, we really do help ourselves.   

Anybody with me?!

I remembered that Louisiana had an interesting state flag, and when I looked it up, it had the words “Union, Justice and Confidence” under the picture of a pelican (the official state bird).

The words on this flag kind of got to me, given my current living situation, in which I have been trying to cope with the aftermath of raw sewage overflows, an unscrupulous Developer/Trustee, and ongoing threats to my health, pets, property and safety. 

I wanted to know the history behind the words, and found out that the Louisiana Pledge of Allegiance reads:

“I pledge allegiance to the flag of the state of Louisiana and to the motto for which it stands: A state, under God, united in purpose and ideals, confident that justice shall prevail for all of those abiding here.”

After the devastating storm and levee breaches from Hurricane Katrina in 2005, we saw the fight in New Orleans.  We saw the residents’ bright, resourceful and hopeful spirits which attracted many, many people to offer their support.   We saw neighbors helping neighbors, and strangers pitching in to rebuild this historic, colorful city. 

It is no wonder why celebrities like Jay Leno, Ellen Degeneres, Sandra Bullock, Harry Connick, Jr., Tim McGraw and Dave Matthews were so touched and made major contributions to the relief efforts for the victims of the hurricane.

UNWORTHY OF CELEBRITY.  It is obvious that my story, and the stories of other individual condo owners who were unlucky enough to get a ‘bad seed’ Developer or Trustee, does not merit divine celebrity intervention.   I don’t think anyone would disagree that one bad condo full of raw sewage, second-hand smoke and other ‘plagues’ is not enough to touch the hearts of the media, politicians or celebrities. 

That is why we need to be united.   Like the Louisiana Pledge says…“united in purpose and ideas.”  We need to share our stories of how we taxpaying property owners deserve rights, fair laws, and swift action when the people without integrity are responsible for damaging our properties, homes and lives.

It has been written that Sandra Bullock has multiple homes and businesses.   She worked hard, and deserves them.  If she were to have one of her properties be condemned due to raw sewage, I am guessing she would have the money and support to move out immediately and into a safer place.  I do not have this luxury.  Do you? 

A RAW (SEWAGE) DEAL.  Before I purchased my condo, I asked the Seller, who is also the Developer and Trustee in my situation, if there were any plumbing or water problems.  Actually, I asked on several occasions, and even had the Real Estate Agent make arrangements for me to see the place after a few days of rain.  I was always told that there were no plumbing issues.

Why then, after my first raw sewage overflow happened, was I then told that the Developer had a plumbing company install a new pipe right outside my condo unit (without proper permitting, mind you) because the previous owner had a machine to blow out the pipes every two weeks?   And why was I told many months later, in front of a Housing Inspector, that the City of Boston told this Developer that the pipes in the building were not adequate for additional washing machines, partly because there are only four-inch pipes in a 16-unit building?  How could he look me in the eye before I purchased the place and say there were no issues with the plumbing?

Now, after the two-plus year ordeal, I find myself wondering if I will ever be able to get away from this place without being forced into bankruptcy.   I am tired, frustrated, and scared and lonely, at times.  

But wait…I don’t have the luxury, either, of sitting back and just feeling like a victim!  This is my life.  This was supposed to be my home.  I have responsibilities to myself, my pets, my work, and to a non-profit that supports homeless children.  

UNITED WE STAND.  I need to find a way to make things right.  That is why I am writing.  I am writing with hope that others will come forward to tell their stories.  Then maybe the journalists and politicians will take an active interest.  Together, we can can have “Union, Justice and Confidence.”  We can.  So please write.

My heart goes out to Sandra Bullock for all she has been through this year, although I am certain she does not need my good wishes.  She is a strong, compassionate, resilient woman.  An inspiration—even if I never have her fortune.  (I certainly don’t want her fame, seeing how no one is looking out for her privacy.) 

SMALLER SCALES, PLEASE.  Let’s take a lesson from the big stories and disasters in history, and recognize that it takes people coming together to turn a bad situation into a story of hope, rejuvenation and justice.  Let’s also do this on smaller scales, so that individuals going through crises are not left to flounder or out in the cold. 

While I am very grateful to those people who have tried—and are still trying— to help me with my situation, there have been many times when I felt isolated and hopeless.  No one should feel as alone as I have during my condo nightmare ordeal.   Let’s work together to make sure no one else ever does.

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Can This Really Be Happening?

The Merriam-Webster’s online dictionary has a secondary entry for the word Purgatory as “a place or state of temporary suffering or misery.” I suspect there is probably another book of word meanings out there that has a picture of Purgatory’s suffering souls next to the word “condo owner.” 

There are some lucky ones.  I know that.  I’ve heard these wild tales of how a Homeowners’ Association (HOA) or the Condo Trustees have actually done right by the individual condo owner or community.  But, to me, this is like hearing a Fairytale.   

While some condo owners are content to pay their monthly fees, and have full faith that the HOA or Trustees are looking out for everyone’s best interest, my experience is more like an ongoing nightmare. 

My previous posts/articles talk about all the nightmarish situations I’ve endured.  It hasn’t gotten any better. 

WE NEED OPTIONS.  How can things get better for a condo owner when the Trustee (a) does not enforce the condo trust rules;  (b) breaks some of the rules himself; and (c) shows little accountability?   By ‘accountability’ I mean to the financial/accounting responsibilities, to the property/maintenance, and to ensuring condo trust rules are followed so all residents have peaceful enjoyment in their homes.   

The condo owners give fees to the Trustees so they can uphold the rules and maintain the property.  If this doesn’t happen, wouldn’t you think we have options?   

So far, the only options I’ve heard about include selling the condo (which I can’t, in part due to the sewage stigma) or suing the Trustee.   However, what does someone do when they don’t have the money to hire an attorney?   And if by some chance they were to get an attorney, they’d still be looking at a waiting period of up to a couple of years to get a court date.   Are these really options for property-owners/citizens who have been living a nightmare?  

CONDO OWNERS SUBJECTED TO ‘SALT-IN-THE-WOUND’ TREATMENT. In my case, the Trustee and his contractors damaged my home and lost or stole property when they were repairing a pipe due to many raw sewage related episodes (that culminated into my pets and I becoming virtually homeless for several days last summer, after  a two-day raw sewage episode that poured forth other people’s fecal matter and other bacteria-laden atrocities into my home).  The Plumbing Inspector told the Trustee the year prior to the biggest (two-day) raw sewage overflow that it was indeed his responsibility to fix the situation.  Yet he did nothing.  

• I still have the beheaded Native American statue that he or his contractors broke when they were in my home, digging up up my floors and repairing the pipe below. 
• I sit in front of my coffee table each night and see all the scratches, chips and other damage they did to it when they moved it and my other belongings out of my home without my permission.
• There are still gouges in my walls and doorframes. 
• There is cement splatterings on my walls and ceilings.
• I no longer have a beloved piece of jewelry that has disappeared, and the Trustee would not let me question the two men who were working unsupervised in my home about it.  It could have fallen out of the drawer in the coffee table when they moved it.  It could have been stolen, or just swept away.  But it is gone, and it was a special piece.
• The dishwasher that was contaminated over and over again with raw sewage has not been replaced – and I will never use it, knowing what has been in there.
• Et cetera…

(There is also my beloved pet who suffered through chemotherapy after being diagnosed with nasal lymphoma, which research says is exacerbated by second-hand smoke.  My pets and I suffered for two years with smoke pouring into my condo, and the Trustee –who also owns the abutting condo unit where the smoke was originating– did virtually nothing while his rental tenant kept puffing.  I still touch the spot on my pet’s face sometimes where the cancer had been, and worry it could come back.  He never deserved this.)

I could get rid of my statue to eliminate one of the little reminders of what this Trustee has gotten away with, but I’m sad about letting her go.  She has a bowl on her lap, and I used to put objects there when I would do a blessing- or gratitude-related meditation.    

If I had the money, I could get things fixed, replaced or repaired, of course.  But I do not.     

These little reminders get to me sometimes, and I don’t want to think about this Trustee all the time.  I do not want to keep having to face all the reminders of how he has had the ability to cause so much damage to parts of my life and property.  It is not in me to have hate toward a person or to wish him harm.  However, I am human and I do get upset over what he has been able to cause/do/get away with.    

I need some consistent support and maybe a miracle to get me out of this situation and into a safe, respectable, peaceful home.  

Where Is My Ty on a White Horse?

I have things I want to do.  I have non-profit responsibilities.  I have projects I’d like to start.  And I would like to be able to put all of this behind me and move on in good health and spirits.    

I know I am not worthy of Ty Pennington to come riding in on a white horse, or for the TV show Extreme Home Makeover to take an interest in my situation.  There are plenty of others who give of themselves in bigger ways, and who are truly deserving of the gifts and opportunities that show brings to their lives.  I’m just hoping for a miracle big enough to allow me to get out of this situation, and enjoy a new home that will allow me to feel safe and peaceful so I can then pay it forward in a myriad of ways.   

For now, I will just keep trying to think of this as a temporary situation…or Purgatory.  I keep hoping to attract all I need to live in peace and to help others in similar situations. 

Please share your stories or ideas.  While we should feel blessed to live in the United States, we should not allow condo owners to suffer alone like this just because there are not enough current safeguards or laws on their side right now.  We can and should fix this…so your friends, neighbors and children do not have to go through such major crises and ordeals to get justice if they bought a condo with a bad Developer or Trustee.  More power to the condo owner!

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WARNING ALL CONDO OWNERS!

If you choose to buy a condominium or “condo,” be sure to fully research the property and get everything in writing.  (And I mean everything.)  Although there are many reputable developers and trustees, some people have found condo ownership a nightmare. 

Bonnie Rain’s Blog.  My blog contains stories of my own condo nightmares, dealing with everything from raw sewage overflows to rental tenant violence to second-hand smoke pouring into my home – to continuing condo trust rule violations.  My condo has made me sick, tired, broke, homeless for days, and, at times, lonely.

People may buy condos because they don’t want the hassles of maintaining a house and lawn.  The myth is that condos allow the painting, roof repairs, snow-plowing and lawn mowing to be someone else’s problem. However, not only do condo owners have the same issues as people with houses, they need to get these problems fixed by committee and consensus. 

I can tell you from experience about what a condo owner goes through when a Trustee neglects the property, mismanages funds, and doesn’t enforce the condo trust rules.  But what if your Condo Builder/Developer did shoddy work, and you find your property falling apart shortly after purchasing it? 

Here’s someone else’s story to illustrate what happens when you get a ‘bad seed’ Condo Developer or Trustee.

CONDO NIGHTMARES NORTH OF BOSTON – ED’s STORY

A friend of mine, Ed B. (or “Ed”) purchased a condo North of Boston in February of 2009 with plenty of snow on the ground, and while the condo community was still under development.

Ed asked all of the appropriate questions of his Realtor and the Seller’s Realtors, and he made sure to ask the Builder/Developer many germane questions.   

It was only after Ed bought the condo unit that he found out that all of the parties misrepresented the property and did not provide correct and honest answers.

Unlike my own situation (in Boston), where the Seller and the Realtor kind of ganged up on me to say that I would lose my one-year warranty on all of the work, appliances and fixtures if I were to opt for an inspection, Ed did get himself a Home Inspector who reviewed the property. 

Ed’s Inspector had the Builder/Developer correct many issues he found in the new construction. However, Ed found out later that the Builder/Developer did not answer all of the questions honestly (including questions about the basement, which later turned out to have serious water issues).

Once the snow melted, Ed found there were all kinds of building code violations on property.  Not just on his property, either.  Things were falling apart all over. 

Ed’s neighbors in the condo community were also suffering from the Builder/Developer’s shoddy work.  When I visited Ed, I was shocked by the way the Builder/Developer had left the property. 

There were piles of wood with nails sticking out of them on the property; parts of the condo community appeared to be like a ghost town; and the day before I arrived, the outside lights had caught on fire – just to name a few issues.

Da Da-Da Dah!  CHARGE!  (Picture Our Hero with Sword and White Horse.)  At the time Ed found out about all the property violations, there was no Condo Association because the condo community was not established long enough to have own independent association.  So, Ed had to become proactive and lobby City Officials to make them enforce building codes and engineering orders on the property that had been issued in 2007, 2008 and 2009 by the City.

Ed had to make himself get ‘all fired up’ on his own behalf and on behalf of his condo community to help form a Neighborhood Association to deal with the City and the Builder/Developer and create a united front.

Some of Ed’s issues have been fixed; however, there are still multiple outstanding issues that require a constant state of activism on Ed’s part to get things resolved. 

“Who knew that we would have to spend so much time out of our already-busy lives to become our own advocates just because we purchased a condo?” Ed asked me on one occasion. 

I believe I responded with something to the effect that we also did not expect that we would have to become some kind of novice researchers, photographers, public relations agents, or attorneys just so we could get some of our needs met.

(Ed has said that he and several of the neighbors have extensive files and folders on all of the property related issues that would probably benefit from a system like the mobile medical filing system!)

Ed has had four Realtors look at his property.  He was told that he definitely has the value related to inside of his property.  However, the Realtors told him that the incomplete construction on the property and the poor outdoor conditions significantly decreases his property value and “takes away from the curb appeal.”

Sometimes Ed gets hopping mad at the thought of what has happened to him.

“Had my questions been answered honestly by the Realtors, I never would have purchased this property,” he says with a frustrated edge in his voice. 

Ed did everything correctly, and yet he is at risk of losing a lot of his investment’s value.  He now he feels a strong need to warn buyers to beware of unscrupulous Realtors/Builder/Developers in this economy.

I second his warning, and say beware of unscrupulous Sellers and Trustees, too!

These unfortunate situations have taken quite a toll on us.

Nightmares, Health Issues & Retaliation.  For me, there has been the nightmare-inducing fear of contamination from raw sewage, along with feelings of isolation, since my friends – who have been hearing of my sewage issues – don’t visit much anymore. 

There has also been a death threat made by a neighbor who has been creating excessive noise for two and a half years that sometimes results in headaches and anxiety-related chest pains.  Then there is the fear from the very real possibility of retaliation from my Trustee or his associates, since many of them all seem to be either related or friends. 

There are nights I can’t sleep, and I seem to get sick more often since moving to this place.

Let’s not forget how the Trustee’s rental tenant’s second-hand smoke poured into my home for two years, which caused me to get sick quite a bit – and contributed to a diagnosis of nasal lymphoma in my beloved pet. 

Anxiety, Illness & Investment Loss.  For Ed, the anxiety and continuing Condo Community problems have made him worry that an old, serious illness could rear its ugly head again.  He admits moments of high anxiety in which he feels he needs medication to get him through. 

His condo was supposed to be a good investment and a home.  It has been neither.

CONDO LAWS NEED TO CHANGE TO BETTER PROTECT OWNERS

Our two stories should give prospective condo owners ideas on how to mitigate risks and make informed buying decisions.  Our situations are obviously not the norm since there are many content condo owners out there. 

However, Ed and I have learned some sad lessons since purchasing our homes, including the fact that rights for condo owners are totally inadequate, compared to renters.

Another frustrating element is that it can be like a game of Russian Roulette about what kind of neighbors or Trustees you’re going to get.  If your Trustees are negligent or unscrupulous, you can be faced with a lot of headaches if you live close to disruptive renters.

Like many property owners today, condo owners who are ‘under water’ with their mortgages can be subjected to unexpected or uncontrollable assessments, and can face losing everything. 

When there is an air of distrust and bad communication between the condo owners and a Trustee and/or Builder/Developer, situations can become highly stressful (and even dangerou).  I know I have felt trapped, without real options or protections. 

These guys know where you live, and they seem to have all of the control. It is daunting, and can be dangerous to your health, safety and sanity. 

Then, when you find yourself needing an attorney, there is the ‘Catch-22’ of earning too much to qualify for legal aid, too little to enlist enthusiastic counsel.  Unless you’ve got between $5,000 and $15,000 for an attorney’s retainer fee, you may find yourself in a situation where you have to do a tremendous amount of legwork to find affordable counsel or other options, if you do have the misfortune of getting a bad Builder/Developer, Realtor, Trustee or Seller like us.

We Need Other Stories.  If you or someone you know has been living a condo nightmare, please reach out and let me know.  United We Stand, People!  With additional stories, we have a better chance of getting the media’s attention, and, eventually, we may be able to propose Legislation that will offer condo owners more protection.

In the meantime, I ask that you keep Ed and me in your prayers and meditations.  In addition to our attempts to find justice and solutions, we’re still hoping for miracles. 

We hope to one day put an end to our nightmares and once again enjoy peaceful, respectable and safe homes.



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A miracle sure would be nice right about now.

I’ve been dealing with serious condo problems for over two and a half years.

It has been two and a half years of living in fear that raw sewage and other condo-related plights would harm my pets and me.

After trying to handle the situations for many months—going up against a building developer/trustee on my own—I finally reached out to some politicians.  I was desperate, tired, and scared.  But no one would help.

DO CONDO OWNERS HAVE RIGHTS?  I’m a condo owner.  So, what rights do I have?  Not a heck of a lot, I am finding out.

As I’ve stated in previous posts, if we have a problem with a defective toaster, the Attorney General’s office and investigative reporters like Hank Phillipi Ryan or Susan Wornick would probably get involved. 

However, if we purchase a condo from a ‘bad seed’ building developer (who, in my case, is also the ‘seller’ and ‘trustee’), who will help or fight for us?

A home is possibly the biggest purchase and investment some of us will make; and safe shelter is a basic human need. 

So, why shouldn’t we expect someone in authority to help out a condo owner in trouble?

I found out that the Mayor and Attorney General talk a good game about being there for citizens.  What they don’t tell you is that you’re ‘outa luck’ if you own a condo.

Attorney General

According to their web site, the Attorney General’s office is a resource to residents who are dealing with issues relating to consumer protection, fraud, civil rights violations, health care, and insurance.  The Attorney General’s office is supposed to “support public safety and quality of life for all Massachusetts residents.”

But I think there must be some small print about condo owners.  This condo owner does not enjoy any quality of life or safety at her (my) condo!

Let me reiterate:  Although the Attorney General’s office may get involved if you can’t get resolution on your malfunctioning blender or some other appliance, they will not help you if you have problems with the LARGEST PURCHASE YOU’VE EVER MADE – even if it is filling up with raw sewage and second-hand smoke.

Mayor Menino’s Hot Line & Aides

From what I’ve read, Mayor Menino’s 24-hour hot line, 617-635-4500, receives resident complaints, requests, and comments. 

They will also send out one of the Mayor’s Aides to talk with you if you are upset enough to actually go to City Hall.  However, I was upset when the Mayor’s office showed minimal interest after I went to City Hall in tears last summer.  I went over there with documentation and photos because my home had been condemned due to a devastating event in which raw sewage poured from my bathtub, toilet and dishwasher for two days. 

To give you a better visual, the raw sewage that was flooding my home was other people’s urine, feces and other types of human waste!  Bacteria-laden sewage pouring forth – exposing my pets and me to disease-causing viruses and other elements.

The Mayor’s Aide finally got the Inspectors over to my building, due to my teary visit.  That’s when my place was condemned.  Not a word was heard from the Mayor’s office after that. 

DANGERS FROM EXPOSURE TO RAW SEWAGE.  According to sources (including wisegeek.com), if you are exposed to raw sewage, you can develop a range of illnesses, including Hepatitis, gastroenteritis, Weil’s disease, eye and skin infections, and asthma.

What these sources don’t generally tell you is that you can also develop an almost OCD-like compulsive disorder which makes you cringe in fear if you hear any gurgling, water sounds.  You also generally don’t hear about the nightmares that can cause insomnia because all you see when you close our eyes—after dealing with the threat of sewage overflows for two years—is brown, lumpy, feces-filled water pouring out of drains in your home.

ANY MIRACLES OUT THERE?  So, what’s next?  What can I do now?  How can I get away from this nightmare without losing everything?

What if this was you and you could not afford a $5,000 to $15,000 retainer fee for an aggressive, experienced attorney?  Who might help?

The truth is I don’t know what to do or where to go next.  I only know that I’m weary, and that I have found out the hard way that it is very harmful to a person’s health not to have a peaceful, safe home.

I’m not just sitting back and waiting for a miracle; I’m still trying to find a solution and justice, and then I hope to help champion other condo owners.

But a miracle sure would be nice right about now.

Strange Communication from Boston ISD

After two and a half years of living in a condo nightmare—with raw sewage overflows and other issues affecting your property, health and safety—how do you think you might like it if your City treated you as if you were invisible and unimportant?

What if you told your Mayor that you were afraid of the serious possibility of retaliation regarding your condo nightmare, and you received a BRIGHT YELLOW NOTICE on your door from Inspectional Services indicating to everyone in the building that you’ve made a complaint?

For background:

• STATED CONDO/RAW SEWAGE PROBLEMS.  I sent letters and E-mails to Mayor Menino’s office for over a year and a half describing my condo/raw sewage nightmares.  I have also written and called several Inspectors.
• VISITED MAYOR’S OFFICE.  My friend Ed came with me about a week or so ago to talk with someone in authority about what has been happening regarding my condo nightmare.  We spoke to one of the Mayor’s ‘Hotline’ Aides. who took note of our questions about lacking permits, and years of sewage related episodes.
• STATED FEAR OF RETALIATION.  While at the Mayor’s office, I provided a binder full of correspondence relating to the condo problems—including statements that I have been living with the fear of retaliation from the people involved.

Instead of having someone call me me to get clarification about this ongoing, maddening situation, I get this:

A BRIGHT YELLOW NOTICE on my doorknob—for everyone in the Building to see—stating there has been a COMPLAINT to INSPECTIONAL SERVICES. 

The almost-funny thing is that, although it had my condo number, it had the name ”Donna”  on it.  My name is clearly not Donna.  I have been sending correspondence to the Mayor and the Inspectors for over a year and a half.  How hard is it to get my name right after all this time?  The subliminal message I’m receiving from the City feels like:  We are clearly just going through the motions because you continue to bother us..

My recent trip to City Hall with Ed was to find out why no one has taken my situation seriously, even though it is clear that the Building Developer/Trustee did not take out proper permits the entire time he was changing an apartment building over to condominiums.  And why haven’t they taken it seriously even though I told the City many times that I was living in a dangerous situation with raw sewage episodes and overflows, among other complaints?

Why would they send out an Inspector without contacting me first?  What did the Mayor’s Aide do with my personal contact information? 

THE THREATS.

I have spent a tremendous amount of time trying to find solutions to this ongoing nightmare, which has been costly.

• ILLNESS.  I’ve become sick more often as a result of the stressful situation, smoke and sewage. 
• VEILED THREATS. I’ve received veiled threats from the Developer/Trustee about how I had better be careful since he knows I’m doing “detective work,” and how I “will be making ten enemies” if I go ahead with any lawsuit.
• DEATH THREAT.  I’ve received a death threat from a neighboring rental tenant when I tried to get them to hold down all the banging and noise, after trying to deal with this mostly on my own for over two years (instead of the Trustees enforcing the condo trust rules about excessive noise and residents’ rights to ‘peaceful enjoyment’ of their homes). 
• FIRE & SMOKE HAZZARDS.  I hired a Home Inspector in 2008 who found that there is no ‘fire stop’ between my condo and the abutting apartment.  I never knew if I was coming home to smoke or fire due to compromised  fire code standards, as well.  It just added to my nightmares about living here.
• JOB IN JEOPARDY?  I felt my job was in jeopardy at various times, given how stress has been a continuing theme in my life for over two and a half years now. 
• PETS IN JEOPARDY. My pets were at risk for disease or death from the repeated raw sewage episodes.  The second-hand smoke that poured through my home from an abutting apartment resulted in my beloved pet being diagnosed with nasal lymphoma.  (One source: http://www.smokefreesociety.org/NewsClip/Pets-1.html) It cost all my savings to get him the chemotherapy and treatments he needed.

So, if I lose my home, job and/or sanity, will someone pay attention then? 

When will someone help me and say “she has suffered enough”?

Consumers get treated better if we buy a defective toaster.   And yet, a home is arguably the biggest purchase a person or family makes.  What I got was a big, fat lemon of a property and of a Developer/Trustee/Seller.  Someone in authority needs to step in. 

KEEPING UP THE FIGHT FOR CONDO RIGHTS.  I’m running out of time, money and energy.  With Ed’s help, I’ll try to keep up the fight, because we think we should find a way to propose a bill that would enhance condo owners’ rights, so you or your condo-owning loved ones won’t have to fight this kind of thing alone.

Condo owners need additional rights, I’m telling you…

Does anyone know what happens when you purchase a condo from a ‘bad seed’ Building Developer / Trustee / Seller?

 I can tell you that there are a lot of sleepless nights, and many bad dreams.  I can also tell you that there is a real possibility of this affecting your job, and the threat that you could lose your home.  There is also the fear of being contaminated by sewage or mold…and a chance of experiencing serious retaliation by this guy or his cronies.

THE SCENARIO:  WHAT IF YOU BOUGHT THE CONDO?  Let’s say you just purchased a condo in a multi-unit building.  During the process, the Seller was charming, and seemed to share your ideals about maintaining the property and fostering a sense of community with the other condo owners and neighbors. 

During the final closing transaction to purchase your condo, you sign the document containing the Condo Trust Rules with every intention of following them.  And, although they are a bit strict, you feel a sense of safety knowing that the other condo owners and neighbors will also be bound to make sure this building is quiet, clean and respectable. 

You asked a lot of questions; and you feel good about the seemingly strong values of the Seller.  You feel like you have found yourself a home.

FROM ROSY PICTURE TO HOSTILE SITUATION.  Now let’s say that the Seller is also the Building Developer and a Condo Trustee; and you start to notice that he doesn’t take kindly to your questions about the property once you’ve purchased the condo.  He now gets slightly aggressive if you want to talk with him about a concern or an observation about the property.

When you get your first ‘red flag’ moment from this guy, you may think, “Uh huh.  I’d better watch this person.  He may stretch the truth and cut corners a bit.”  

What if, after a few months of living in your new home, the incidents with the Building Developer/Trustee start to add up?  What if you notice that this guy seems to be somewhat neglectful, indifferent, or irresponsible? 

What if you have found that he is not a man of his word?  That he is ignoring your concerns, not taking action on potentially serious situations, and has no intention of keeping up the building in a professional manner? 

Since he and his family are the Trustees, he doesn’t seem to be in a hurry to do what you ask of him.  When does it starts to get to you? What if his negligence and attitude cause damage to your property value, erode your feelings of security, and put you at risk of serious problems?

<——————————————————————————————————————–>

Let me share some of my nightmarish situations:   (Feel free to share yours with me, too.)

1. Plumbing & Raw Sewage Overflows
2. Second-Hand Smoke Exposure
3. Insect Infestations
4. Excessive Noise and Rental Tenant Violence
5. Concerns Regarding Safety & Retaliation
6. Ongoing Condo Trust Rule Violations
7. Condo Fees and Budget Deficits
8. Building & Property Maintenance Issues
9. Deceptive Selling Practices

.

1. PLUMBING & RAW SEWAGE OVERFLOWS. >Constant Concern About Contamination  >Fear of Pets Getting Sick  >Experiencing Isolation Since Friends No Longer Visit Often  >Becoming Almost “OCD”  (Compulsive) Trying to Keep Up with Raw Sewage Episodes  >Condo Was Actually Condemned in Summer 2009  >Pets and I Were Homeless for Several Days  >Raw Sewage Poured from my Tub, Toilet and Dishwasher >Having Recurring Dreams/Nightmares About Sewage Coming Up, etc.

SUMMARY:  I bought a condo in East Boston in late July 2007.  I had asked repeatedly if there were any plumbing or water related issues with the building or the condo before purchasing it; and I was told repeatedly that there were none. Within a month of moving in, I had my first raw sewage episode.  Sewage overflowed from my brand new tub, toilet and dishwasher for hours, into the night.  Only then did the Building Developer/Trustee /Seller tell me that the previous building owner had used a machine that sat in front of what is now my condo every two weeks to blow out the pipes, and that he had a plumber put in a new pipe once he bought the place (without proper permits, I found out later).

For the next two years, I had to deal with the fear and consequences of intermittent raw sewage occurrences – including the fear of contamination and disease for me and my pets.  I was told that I was getting all the problems because my condo was the lowest in the building.  This guy would not take appropriate action, even after the Boston Plumbing Inspector told him it was his responsibility (in 2008).  In late June 2009, I experienced a two-day raw sewage overflow that left my pets and I virtually homeless for several days – which also left my condo (and the abutting apartment) condemned by the City of Boston until a professional cleaning crew was able to disinfect it.

2.  SECOND HAND SMOKE EXPOSURE.  >Second-Hand Smoke Poured in to Kitchen Constantly from Abutting Rental Tenant   >Home Smelled Like Musty, Dirty Smoke  >Constantly Woke Up with Sore Throats  >Beloved Pet Diagnosed with Nasal Lymphoma (Research Says Nasal Lymphoma in Pets is Exacerbated by Second-Hand Smoke) >Condos Have No Fire Stop Between Units

SUMMARY:  After experiencing second-hand smoke pouring in through my kitchen and affecting all areas of my small condo for a year, I hired a Home Inspector who found there is no fire stop between the abutting units.  The Developer/Trustee would not do anything to fix the situation, although it was his rental unit.  It turned out, the Developer/Trustee knew that his rental tenant also smoked marijuana in that apartment.  So, I was getting second-hand smoke from cigarettes, pot and incense.

In 2009, my beloved pet was diagnosed with nasal lymphoma.  It cost me my 401k and my savings to treat his disease.  It was months of going back and forth with my howling cat for blood tests and chemotherapy before he was on the mend.  He has suffered tremendously, and it makes me sick that we have to continue living in this place. 

The only reason the smoke finally stopped, was because the rental tenant moved out after his place was also condemned after last summer’s two-day raw sewage overflow.

3.  INSECT INFESTATIONS. >After Each Raw Sewage Episode, Insects Would Appear (Silverfish, Ants, Drain Flies)  >Building Developer/Trustee Allowed His Friend to Hang Meat on his Balcony  >Experienced Inordinate Number of Ant Infestations   >Building Has Had No Insect Treatments, Except for What I’ve Paid For  >With Recent Concerns About Bedbugs All Over the Media, Developer/Trustee Would Allow People to Discard Old Mattresses In Common Storage Room

4.  EXCESSIVE NOISE & RENTAL TENANT VIOLENCE.  >Developer/Trustee Will Not Enforce Condo Trust Rules, Which Include Having Rental Tenants On Leases, and Abiding by Condo Rules.  >Several Rental Tenants Have Brought Excessive Noise and Violence to the Building  >Awakened by Upstairs Neighbors Constantly — For Two and a Half Years >Former Tenants Used Subwoofer  >Experience Headaches Due to Jumping, Pounding and Dropping of Items Repeatedly from Upstairs Neighbors

5.  CONCERNS REGARDING SAFETY & RETALIATION.  >Upstairs Neighbor Threatened to Kill Me if I Knocked On Door Again  >Former Tenants Got Violent Outside My Door due to Other Neighbors Complaining About His Music/Noise   >Developer/Trustee Clenched Fist In Hostile Gesture Saying “I Know You’ve Been Doing Detective Work” and “Be Careful.”  >Had Four Tires Damaged After Expressing Condo Related Issues  >Developer/Trustee Tells Me Not to Talk with Any of the Contractors at the Property >Developer/Trustee Warned Me I Would Be Making “10 Enemies” If I Go Ahead with any Lawsuit

6.  ONGOING CONDO TRUST RULE VIOLATIONS.  >Loud Noises and Music  >Balcony Violations and Eyesores  >Obstructions in Hallways/Common Areas  >No Leases or Building Rules for Rental Tenants, as Mandated by Condo Trust Rules  >Etc.

7.  CONDO FEES & BUDGET DEFICITS.  >Developer/Trustee raised condo fees by 50% for 2009.  >Developer/Trustee Will Not Provide Financial Accounting Books, although I have Legal Right to See/Copy Them  >Developer/Trustee Told Me on Multiple Occasions that “No One” is Paying Condo Fees (except Me), and Incurred Costly Bank Fees Due To Lack Of Funds  >Developer/Trustee will not Provide Proof of Budget and Expenses

8.  BUILDING & PROPERTY MAINTENANCE ISSUES.  >Lack of Permits  >Fire Alarm Box Would Go Off Almost Every Other Day  >Until Inspectors Finally Cited Developer/Trustee, There Were Large, Gaping Holes in Ceiling In Boiler and Laundry Rooms, Which was Fire Code Hazzard  >Inconsistent Snow Removal  >Building Developer/Trustee Tore Down Fence, Which Now Allows Trespassers onto our Property, and is Eyesore  >For Two Years or More, Common Area Rooms Contained Discarded Mattresses, Equipment and Baby Carriages, Blocking Entrance and Meters

9.  DECEPTIVE SELLING PRACTICES.  >Real Estate Agent Was Vague and Acted as if He was My Agent When I Was Buying Condo (Turned Out, He was Developer’s/Trustee’s Friend)  >Developer/Trustee/Seller Agreed To Pay Closing Costs, and Reneged   >Developer/Trustee/Seller and Real Estate Agent Lied About Plumbing Problems (They Did Not Tell Me There were Major Plumbing Repairs Done with No Permits Before I Bought the Condo)

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