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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117367
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We live in Maui in a condo. The board is charging us a user

Customer Question

We live in Maui in a condo. The board is charging us a user fee in addition to our regular fee for occupying our condo. This fee is to pay for the front desk cost (which is mainly used by those in the rental pool) to check in their guest. The board claims this saves all of us money by lowering the common budget. Are their cases out there in which something like has already been litigated Ed
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What do your bylaws state, since that would dictate what they can charge you and what they cannot charge you? There are no actual "cases" out there about condo boards imposing fees that are provided for in the bylaws. So you need to start by looking at those bylaws.

Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

That is not true. You are way oversimplifying the law. The rental company IS NOT just liable for everything that happens with the car. So just because it "blows up" as you put it does not make them liable for it blowing up. You have to prove they did something that caused it to blow up (lack of proper care or maintenance etc). Similarly here under legal theories of liability, you have to prove that they knew or should have reasonably found the weapons. The fact that they were in the car all by itself without more proof that Avis should have found them is not enough to place liability on Avis.

So, obviously, if the guns were in a place where a reasonable inspection should have found them, yes Avis would be liable. If the guns were concealed in a place not ordinarily checked by a reasonable inspection, they are not liable for what someone else put in the car. You have to prove the connection between Avis's negligence and the harm that you suffered. Without negligence on the part of Avis, they face no liability. This is basic law on negligence and breach of contract (no different than a slip and fall in a store, just because you fall in a store does not automatically make the store liable, you have to prove they knew or should have reasonably known about the defect that caused your fall to hold them liable).

As far as charging your account more, that is a dispute you can raise, but again you have to prove they had some knowledge of the contraband being in the car and that is the hard part of the case since you have not said anything yet to show their knowledge.