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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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Rented a condo from the owner. The association is accusing

Customer Question

rented a condo from the owner. The association is accusing me of using illegal drugs in a common rest room. I,ve denied it.twice The association will not allow me to prove my innocence. My landlord has been fined $750.00 twice
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, thank you for using our service. I would like to assist you today. Responses may have a short delay for review and research.
Your landlord (the owner) is entitled to due process through the HOA (this is going to be guaranteed through either the CC&Rs or the Mass. Condominium Act (see: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183A). The Board cannot fine your landlord without affording him the right to petition them either directly or through a mediation/arbitration process.
If they deny him this opportunity, he can sue the HOA in civil court for violation of both the contract and the above statutory scheme. Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

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