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i <br /> I <br /> I ' <br /> everyone who cones on because they have a 95% interest as opposed to <br /> lip a °lam interest. it was the association that should be doing the work. His <br /> position was that the board should be enforcing the association-to the <br /> agreement. <br /> Mr. Ball stated that he had spoken to Mr. Harrington who was looking into <br /> owner and operator. He did not get back to hist. He did,not want to keep <br /> postponing this matter. <br /> Mr,. Dalton stated that the problem that they had was that they did not <br /> control the common areas of the association. The condominium <br /> association of the documents controls all of the common areas. They <br /> control the four galls and within their unit. They don't legally have a right <br /> to go out and put in a leach field in the common areas. They don't have <br /> the right to go out and dig up the septic tank in the common reas. The <br /> association controlled those areas. If they were required to do something <br /> the most they could do was send a certified letter to the association site <br /> and advised them that the board of health told them to do something. Do <br /> it. They did not have control of the property and therefore did not have the <br /> authority to do it. That was his understanding of how it works. They were <br /> fully in agreement and their position was that when Mr, Hjjar purchased <br /> the property he had estimates of what the costs would be to make the <br /> repairs, He had itemized lists of the repairs that needed to be made and <br /> received an adjustment at the closing of$175,000.00 to go towards the <br /> repairs of the entire complex including Building A. That was his client's <br /> understanding when he purchased the property the board of health <br /> wanted the units to tie in. They were looking for ways to do the <br /> d nitrification through Tulanian's property or maybe Mashpee Commons <br /> and being reasonable in getting it done. H had a copy of the letter <br /> granting a one-year extension to the owner from the time they purchased <br /> it to make the changes and upgrades. His client's hands were really tied. <br /> Mr. Richardi stated that he did speak to Dave carbonneau and before this <br /> even went to Mr. Hajjar. Mr. carbonneau told him that everything would be <br /> squared away when it went to Haflmar because he left the money on the <br /> table. He knew about this. <br /> Mr. Ball confirmed that Mr. carbonneau knew it during the purchase and <br /> sale because he remembered hire coming in front of the board. <br /> Mr. Richards stated that they knew it all. There was a letter that went to <br /> Mr. Hajjar and a letter that came to him explaining the whole situation. He <br /> was so dumbfounded about being here because of where he bought this <br /> place. He knew this all prior to the sale of the place. He knew what the <br /> pitfalls were, NoW that the cost was rising he was coating back to him <br /> 8 <br />