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CCOC Decision Summary

#10-12, Plymouth Woods Condominium Association v.  Nejadi and Torres (August 16, 2013) (Panel:  Molloy, Henderson and Weinstein).

The Condominium Association filed a complaint alleging that the unit owners: a) failed to install carpeting and padding over 80% of the floor area of their unit and b) that their tenants had overloaded the common washing machine causing damages to the Condominium’s property in the amount of $373.76.

The Association requested that the Commission order the unit owners to install the appropriate carpeting and padding as stipulated in the Rules and Regulations. Additionally, the Association requested a reimbursement for the damages caused by the unit’s renter’s as well as $500 in fines.

The unit owners failed to respond to the complaint and pursuant to the Default Judgment Procedures the hearing panel issued a judgment based on the record as filed and without a hearing. The panel determined that the unit owners were in violation of the Condominium’s requirement of 80% floor covering. The panel also determined that the unit owners are liable for the damage their tenants caused to the common washing machine.

The panel also reviewed the fines imposed by the Condominium.  The Condominium’s Rules and Regulations set up two tiers of fines: Class A ($200 for a first offense and up to $400 for repeat offences) and Class B ($50 for the first offence and up to $100 for continued offences).  In this case the Condo imposed a Class B fine for 10 days. The Condo proved it had sent several warnings on the noise issue, gave the owners notice of their rights to a hearing, and then held the hearing, after which the board of directors voted that the owners were in violation. 

The panel issued a judgment by default and ordered the unit owners to install padding and carpeting over at least 80% of their floor area within 60 days. In case they fail to do so, the Association was granted permission to perform the installation of the floor covering at the unit owners’ expense.

The panel also found that the fines were reasonable in amount and that the Condominium had followed its own procedures before imposing the fines.  It ordered the unit owners to pay the Association a $500 fine, to reimburse the association for its $50 filing fee, and to reimburse the association for the cost of the repair of the washing machine, a total reimbursement of $973.76.

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