Condo Media - September 2018 - 57

What does an association do when someone behaves
badly, and unfortunately is, like our Eminem wannabe,
unteachable and unreachable?
What does an association do when
someone behaves badly, and unfortunately is, like our Eminem wannabe,
unteachable and unreachable?
Mr. Cement-head contractor is
doing small construction jobs in
the garage of his condominium unit
and is using one of the noisiest tools
known to man-a table saw. We know
he is selling his wares to the public
because he advertises his business
work address as the condominium.
He is a competent craftsman, as many
people with cars park on the street to
conduct commerce at his unit. The
board issued an oral warning which
was ignored and in fact, a kind, sweet
grandmotherly board member came
over and tried to reason with him and
was rudely rebuffed. Another board
member even took a photo of him

while he was working with the saw,
and which I have as an attachment in
my email, where you see him throwing
the bird to the photographer.
This man, like our Eminem, is tone
deaf to civil relations. But unlike the
Dunkin Donuts server who would not
or could not cause trouble, the board
can, and must do something here.
The business violates the anti-commercial-use provision and apart from
the zoning infraction, is also creating
traffic and parking issues for neighbors. Ditto for the table saw, which is a
nuisance and obviously unreasonably
interfering with neighboring unit
owners' use and enjoyment. Our office
emailed and sent out a section 3.20
covenant violation notice and gave
him a hearing date. His attorney called
and wanted to discuss-there will be

no hearing and instead his client will
cease and desist the activity forthwith,
pay a fine of $500 and $100 per day per
additional occurrence, and reimburse
the association's attorneys' fees.
Though the option was available,
we could have filed and received injunctive relief.
What made these men think they
could do what they did? Not sure.
I sense that there was an underlying
total lack of empathy for the server
and the neighbors, a lack of civility.
Ultimately some things are just
not teachable, nor are some people
reachable. But fortunately, at least
in a condominium setting, there are
effective deterrents which any rapper
wannabee or tone-deaf unit owner
will understand: a rude man with his
table saw and his money will soon
part company.
■ FRANK A. LOMBARDI, ESQ.,
IS A PARTNER WITH THE LAW
FIRM GOODMAN, SHAPIRO &
LOMBARDI, LLC.

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September 2018 CONDOMEDIA

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Condo Media - September 2018

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