R.P. from New Hampshire writes:
Dear Mister Condo,
Hi! Our condo has a common area out back to park our RVs and boats, etc… What legal right does the condo board have to threaten you in writing to prevent you from parking there if you have unknowingly, and not on purpose, broke the rule covering the placement of mouse deterrents? Just curious and wanted to know if this is harassment. Thanks.
Mister Condo replies:
R.P., I am sorry that you and your condo Board have come to blows over mouse deterrents. I assume you are talking about baited traps of some sort, perhaps in a front or rear yard and that such traps are not allowed. Many condo association by-laws do provide loss of use of amenities for rule violations as a preventative measure. These penalties usually read something like “violations of association rules may result in the loss of amenity use for 30 days” or something like that. If you have that clause in your governance documents and you have violated a rule, the association may very well be within their rights to deny you the use of the common area amenity for boat and trailer parking. That being said, it might be harassment if you are the only one being singled out for rules violations by being denied use of the common amenity. I am not an attorney and offer no legal advice in this column. Harassment is a legal issue. If you feel you are being harassed, I recommend speaking with a qualified local attorney. All the best!