My question involves a condominium located in the State of: Minnesota
My bf and I live in a condo, which I own. The garages are all in a row, and our stall is next to one of our neighborís who I will call ďBill.Ē Bill also owns his condo. I will mention that all garage door openers are paid for by the owners.
Lately, we noticed that our garage remote was no longer opening our garage any more, but it would instead open Billís. We spoke to him about it, and he said heís aware that his opener (the actual machine, not the remote) is very old and is not working well. He had the maintenance guys reset the codes several times, to no avail. I called the manufacturer of my opener, and they said when openers go bad, the transmitter can go out and it will search for any code it can find, which explains why my remote was opening Billís. (My opener is fairly new and worked fine up until lately.)
But this problem is happening to 3 others peopleís garage doors in that row, not just ours. We all either have to get out of our cars and use our keys or manually lift the doors. This is not only inconvenient, but a problem since many people are elderly and/or disabled or with health problems. The office workers claim we need to work this out ourselves. We have tried talking to Bill, but he has made no effort to fix/replace his opener. So what do we do?
My idea is to first verbally complain and give them a deadline. If no results, then send a written complaint to the higher-ups at the association. If that doesnít work, then I guess I will have to sue him and/or association. Iím hoping they can replace Billís opener, and then charge him for it.
Can we sue the assoc and/or Bill for loss of quiet enjoyment if this is not resolved? Even if I were to win such a case, what can a judge do in order to force him to fix the problem? Does it have any bearing if any of us is legally disabled? Sorry so many questions, itís hard to know which path to take here.