Condominiums and raw sewage in America

Does anyone know what happens when you buy a condo from a ‘bad seed’ developer/trustee/building seller?

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

THE SCENARIO: WHAT IF YOU BUY THE CONDO? Let’s say you just bought a condo in a multi-unit building. Throughout the process, the seller was charming and seemed to share his 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 that contains the Condominium Trust Rules with the intent to follow them. And, although they are a bit strict, you feel a sense of security knowing that the other condo owners and neighbors will also be obligated to make sure this building is quiet, clean, and respectable.

You asked many questions; and you feel good about the Seller’s seemingly strong values. You feel as if you have found yourself at home.

FROM THE PINK IMAGE TO THE HOSTILE SITUATION. Now let’s say the seller is also the building developer and a condominium manager; and begins to notice that he doesn’t respond kindly to his questions about the property once he has purchased the condo. Now he gets a little pushy if you want to talk to 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 better keep an eye on this person. He can 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 pile up? What if you notice that this guy seems to be somewhat careless, uncaring, or irresponsible?

What if you’ve discovered you’re not a man of your word? That he ignores his concerns, he doesn’t take action in potentially serious situations, and he has no intention of maintaining 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. When does he start to get to you? What if his negligence and attitude damages his property value, erodes his feelings of security, and puts him at risk of serious trouble?

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

1) Plumbing overflows and raw sewage
2) Exposure to secondhand smoke
3) Insect Infestations
4) Excessive noise and violence from renters
5) Concerns regarding security and recovery
6) Continuous violations of condominium trust rules
7) Condo Fees and Budget Deficits
8) Building and property maintenance issues
9) Deceptive sales practices

1. PLUMBING AND SEWAGE OVERFLOW.

– Constant concern about contamination
– Fear of pets getting sick
– Experiencing isolation because friends no longer visit often
– Becoming almost “OCD” (compulsive) Trying to keep up with episodes of raw sewage
– The condo was actually condemned in the summer of 2009
– The pets and I were homeless for several days
– Raw sewage discharged from my bathtub, toilet and dishwasher
– Having recurring dreams/nightmares about the arrival of sewage, etc.

SUMMARY: I purchased a condo in East Boston in late July 2007. I had asked repeatedly if there were any plumbing or water issues in the building or condo prior to purchasing; and was told repeatedly that there were none. Within a month of moving in, I had my first episode of raw sewage. Sewage overflowed from my new tub, toilet and dishwasher for hours into the night. Only then did the developer/trustee/seller of the building tell me that the previous owner of the building had used a machine that sat across from what is now my condo every two weeks to blow out the pipes, and had a plumber install a new one. . 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 occurrences of raw sewage, including fear of contamination and illness for myself and my pets. They told me I was having all the trouble because my condo was the lowest in the building. This guy would not take proper action, even after being told by the Boston Plumbing Inspector that it was his responsibility (in 2008). In late June 2009, I experienced a two-day raw sewage overflow that left me and my pets virtually homeless for several days, which also left my condo (and adjoining apartment) condemned by the City of Boston. until a professional cleaning crew was able to disinfect it.

2. EXPOSURE TO SECONDHAND SMOKE.
– Secondhand smoke poured into the kitchen constantly by the adjoining rental tenant
– The house smelled like dirty and moldy smoke
– Constantly waking up with a sore throat
– Dear pet diagnosed with nasal lymphoma (research says nasal lymphoma in pets is exacerbated by secondhand smoke)
– The condominiums do not have a firewall between units

SUMMARY: After experiencing secondhand smoke streaming through my kitchen and affecting all areas of my small condo for a year, I hired a home inspector who discovered there was no firewall between adjoining units. The Developer/Trustee would do nothing to fix the situation even though it was the rental unit from him. It turned out that the Developer/Trustee knew that his tenant also smoked marijuana in that apartment. So, he was getting secondhand smoke from cigarettes, marijuana, and incense.

In 2009, my beloved pet was diagnosed with nasal lymphoma. It cost me my 401k and savings to treat her illness. It was months of going back and forth with my howler cat for blood tests and chemotherapy before he recovered. 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 following last summer’s two-day raw sewage overflow.

3. INSECT INFESTATIONS.

– After each episode of raw sewage, insects appeared (silver fish, ants, drain flies)
– Building developer/trustee allowed his friend to hang meat on his balcony
– Experienced excessive number of ant infestations
– Building has not had bug treatments except for what I paid for
– With recent concerns about bed bugs all over the media, the developer/trustee would allow people to dispose of old mattresses in the common storage room

4. EXCESSIVE NOISE AND VIOLENCE FROM RENTAL TENANTS.

– The developer/trustee will not enforce condominium trust rules, which include having rental tenants on leases and complying with condominium rules.
– Multiple rental tenants have brought too much noise and violence into the building
– Awakened by upstairs neighbors constantly – For two and a half years
– Subwoofer used by former tenants
– Experience headaches due to repeatedly jumping, bumping and falling items from neighbors above

5. SAFETY AND RETALIATION CONCERNS.

– The neighbor upstairs threatened to kill me if I knocked on the door again
– Former tenants became violent outside my door due to other neighbors complaining about their music/noise
– The developer/trustee clenched his fist in a hostile gesture saying “I know you’ve been doing detective work” and “Be careful.”
– Had four damaged tires after expressing condo-related issues
– The developer/trustee tells me not to talk to any of the contractors on the property
– Developer/trustee warned me that I would make “10 enemies” if I go ahead with any lawsuits

6. CONTINUED VIOLATIONS OF CONDO TRUST RULES.

– Loud noises and music
– Balcony violations and monstrosities
– Obstructions in Corridors/Common Areas
– No leases or building rules for rental tenants, as required by condo escrow rules
– Etc.

7. CONDO FEES AND BUDGET DEFICITS.

– Developer/trustee increased condo fees by 50% for 2009.
– The developer/trustee will not provide financial ledgers, although I have the legal right to view/copy them
– Developer/trustee told me on several occasions that “no one” is paying the condo fees (except me) and that he incurred expensive bank fees due to lack of funds
– Developer/trustee will not provide proof of budget and expenses

8. BUILDING AND PROPERTY MAINTENANCE PROBLEMS.

– Lack of Permits
– The fire alarm box would go off almost every day
– Until inspectors finally cited the developer/trustee, there were large, open holes in the ceiling of the furnace and laundry rooms, which was a fire code hazard
– Inconsistent snow removal
– The developer/trustee of the building tore down the fence, which now allows trespassers onto our property, and it’s an eyesore
– For two years or more, rooms in common areas contained discarded mattresses, equipment and baby strollers, blocking entry and meters

9. MISLEADING SALES PRACTICES.

– Realtor was lazy and acted like he was my agent when I was buying a condo (turns out he was the friend of the developer/trustee)
– Developer/trustee/seller agreed to pay closing costs and resigned
– Developer/trustee/seller and real estate agent lied about plumbing issues (failed to tell me major plumbing repairs were done without permits prior to purchasing the condo)