Timeline 431 Putnam Avenue

Primary Documents:

Trust	Unit 3 Floor Plan
Master Deed	Unit 2 Floor Plan
Ch 183A Section 10	Budget for 2006
Unit Deed from LLC to Boris & Natalia	Budget for 2021 vs Actual Expenses

Primary Issues:

Garage	Legal Mandates	Structural Concerns
Water Damage	Lies and Obfuscation	Insurance
Maintenance	Health Requirements	Vermin and Trash

Photos of Water Damage:

1 Top Left	2 Front Detail	3 Top Left Detail
4 Left Side Detail	5 Sub-roof Edge	6 Window Casing
7 Left Column	8 House Bracing	9 Bracing Right Side

Major Footnote: Boris has constantly used the technique of obstruction through creating as many obfuscating problems as possible to prevent anyone, including and especially attorneys, from obtaining information to solve problems. This smokescreen tactic shows his nefarious intent over all the years he has been a resident of 431 Putnam Avenue.

November 2006 to Present: Parking/Garage Encroachment

Boris’ garage parking does not conform to the variance for compact car parking as voted by the Board of Zoning, case #9187, Middlesex Registry of Deeds Book 47419, page 97 on December 20, 2005. The defining lines are currently drawn incorrectly in the garage per architects drawing #A101 referred to at the variance hearing. Boris drives a 1996 Mercury Sable LS which is 16’ 6” long. This exceeds the parking space limitation. Boris purchased a parking space that is 15’ 10” long 15’wide. Compact cars are defined as less than 14’ 6”. Parking regulations

Boris has placed four cabinets (height: 6’ 7”, width: 3’, depth: 2’) in the garage which do not allow proper access to park the other two residents’ cars. See Photo

December 5, 2006: Emails related to cabinets

Susan emailed Boris, requesting an amicable solution for placement of storage cabinetry, following several verbal requests. View email

December 17, 2006: Email from Boris

Response from Boris: "I spoke with Christine about moving the cabinet closest to the garage entrance in 2 possible ways”

Boris parks to facilitate opening the car door without touching the cabinetry. This is blocking to:

• egress to the utility room

• egress to the back stairway

• the water shut-off for the exterior faucet (to allow watering of the side and rear yards)

• the turning area for parking egress of Units 1 and 2.

• light from the windows (inhibiting the ability to see when entering down the ramp access. Susan must back into the garage in order to exit safely facing the street)

Year end 2006: Water damage from Unit 3

Shortly after Boris purchased in 2006, black water came through the ceiling and window frame in Susan’s unit at the living room east window. Boiled water appeared to have been poured at the window above, possibly by the cleaning person. Damage to chairs and the area rug in Unit 2 required the chairs to be replaced. The wall was repainted. Boris denied any knowledge of this while walking around the building with me and Christine.

-------- 2007 --------

January 2007: America’s Construction

Boris was told often, beginning in January 2007 of the faulty washing machine that lacked a vibration dampener pad causing significant damage to Susan’s ceilings, walls, lighting, molding, doors and custom installations. The banging against some other structure caused the building to shake all the way down to the Mechanics Room in the garage causing a large crack in the cement. The machine was not replaced until April 18, 2007. America’s Construction Co. billed the cost of repair at to Susan’s unit was $4,145.

January 16, 2007: letter from Susan:

Request a 431 Putnam Ave. Condo association meeting to discuss garage encroachment. View letter

January 17, 2007: Email regarding parking issues View email

January 20, 2007: Email exchange regarding garage View emails

February 4, 2007: Email from Christine to all

Agree of all units:

a) All 3 units agree in order to avoid legal action concessions must be made.

b) All agreed that 2 of Unit 3’s cabinets are currently housed on community property

c) Units 1 & 2 agreed that Unit 3’s cabinet is blocking a necessary light source and does need to be changed.

d) Units 1 & 2 agreed that the placement of the 4^th cabinet, currently at an angle, encroaches on the area needed for Unit 2 to park.

e) Unit 3 will look into a new storage cabinet to replace the current cabinet 3^rd from the left of the utility room.

f) Unit will move the foremost cabinet, currently at an angle, temporarily in Unit 1’s space.

g) Unit 3 will park in a way that does not interfere with access to the stairs. Take care not to block the steps.

View Email A View Email B

February 5, 2007: Email from Christine Response tregarding cabinets in garage

"If you could find 2 half cabinets that fit in that space, and perhaps 2 more that fit in the space below the stairway in the garage entryway, perhaps that would solve the problem of the larger cabinets in question" "watching Susan try to maneuver her car into and out of that space convinced me that parking with the angled cabinet in its current location is a hardship and that foot or so of space needs to be available to all parties.”

View Email A View Email B

February 5, 2007: Response email from Boris

"it would be very easy to change the current arrangement of the four cabinets in the garage to make them all be housed on Unit 3 property." "I agree that moving cabinet #1 from its current placement to your space may make it easier for Susan to park her SUV. For the purpose of peace and harmony in our wonderful new home, I am willing to do that,"

February 14, 2007: Email from Susan

Tonight I was forced to back unto the driveway without the benefit of clear passage and considerably treacherous ice in the drive. The least Boris could have done was to pull his car into the wall.

February 19, 2007: email from Christine - Serious issues regarding the garage

Christine summarizes meeting with Boris -- Request -- "Units 1 & 2 requested hiring a 3rd party mediator. Unit 3 requested a few days time to consult a lawyer and confirm that this is a "standard means of addressing the issue” View email

February 23, 2007: Email Plea from Christine

"Please take care not to encroach upon the corner area that seems to be of issue. When we initially met in the garage to examine parking, you agreed to research a cabinet to replace the one blocking the light from the window. I trust that you are continuing this process. I believe we decided on an update the first week in March" "Boris, please respond so I can be sure that you received this email and that you agree to these terms." View email

February 23 & 24, 2007: Email Exchange regarding Boris' cabinets in the garage View emails

February 27, 2007: Response from Boris:

"my willingness to move the cabinet is a personal concession, not an agreement that I do not have the right to keep any of my cabinets where they are now." "I haven't yet found a shorter cabinet that has the necessary depth and width. I will keep looking, although without any commitment to change the cabinet." View email

February through March 3, 2007: Building Damage

Boris had been having difficulty with his HVAC system installed in the ceiling of his master bedroom closet. The damage from all the construction work in Unit 3 was extensive.

Damage to the building was caused by gross negligence from a faulty washing machine in Unit 3 and by re-installation of unit 3 HVAC system. Most of the damage is at the common entry. The delivery process to Unit 3 left the common interior foyer door broken, the flooring was damaged, and window cords broken.

A large crack was created in the garage floor at the mechanic’s room and moulding was pulled away from the ceiling in unit 2 Additionally, doors in Unit 2 no longer lock. Susan’s glass shower door installed in 2006 costing $2,600, no longer closed properly, the ceiling in the small closet cracked, and plaster fell to the floor. The bathroom door no longer closed all the way.

March 4, 2007: Occurrence 1

Boris was receiving something very large and heavy that did not fit through the front entry easily. This delivery left the foyer door hardware and lock broken. The window cords were broken and the hard wood flooring and front deck was scratched. Boris claimed the front of the building had settled that day, and offered no other explanation to Christine and Susan.

March 4, 2007: Occurrence 2

Boris wanted secrecy in the garage. Lights and motion detectors were disconnected. The casing was removed from the front light to adjust the ballast so no lights would turn on. The association paid an electrician to reconnect all.

March 4, 2007: email from Susan regarding occurance 2 above

”The lights in the garage aren't working correctly" Someone has removed the casing from the front light to adjust the ballast so that the light would not turn on during a significant delivery late at night to unit 3.

March 4, 2007: email from Christine regarding occurance 1

"It seems unlikely that the front of the house could possibly settle that much in one day." "Please inform any guests of the issue so they don't put too much stress on the actual door, And please provide any insight to the cause of the problem"

March 8, 2007: Email from Susan

McCullough, Stievater & Polvere, LLP, attorneys in Charlestown were given a retainer for $2,500 (Check #1096) and a book as you call it providing all the data around Boris' activities

March 12, 2007: Email exchange regarding landscaping: View emails

March 28 and 29, 2007: Legal demand letter to Katz

Request Daniel Polvere of McCullough, Stievater & Polvere, LLP send notice requesting resolution of dispute regarding damage to personal property and encroachment issues in the garage. Made no progress. View letter

April 3, 2007: Building damage -- Susan reports the following damage due to construction in unit 3:

a) Glass shower enclosure (recent installation cost $2,600) not in alignment to close.

b) Ceiling in small closet in master bedroom cracked with plaster pieces fallen to the floor.

c) Wall is cracked with large breaks at the right side.

d) Bathroom door will not close.

e) Make-up closet wall cracked at right side at glass shelves

April 6, 2007: Boris' atty Mark Timmons had a plan. S spent $1400. on a lawyer -- got nowhere

April 7, 2007: Invoice from electrician

F. V. Recillas Electrical Service invoice for $75.00 says "Check light out main entrance to basement. Seems like someone disconnect the light, reconnect the light OK"

April 18, 2007: Washing machine replaced

America's Construction built the condo. Albino, chief carpenter for America's Construction, was here, removed the faulty washing machine from unit 3. Yale Electric delivered a new machine an hour or so later. Why did this take so long to remedy?

April 23, 2007: Email from Attorney Daniel Polvere

Response from Attorney Temin: ”I have again been talking to Attorney Temin. Their settlement proposal is that they would move the cabinet blocking the window to Christine's space and perhaps move some of the other cabinets around (I had the impression that they might move the others as well but that was not discussed specifically) When I asked about the lack of permanence of this arrangement, he said we could revisit the situation again if that came up. He also indicated that Boris Katz would try to park as close to window side as possible and that they were agreeable to adjusting lights for visibility." View email from Daniel Polverre Final payment to Daniel Polvere $2,132.51

May 2, 2007: Boris emails regarding Discussion of 3 Topics:

· Landscaping

· Property Taxes

· Shed for trash barrels

Why is there no discussion or action regarding moving the storage cabinets in the garage?

May 2, 2007: Demand for Arbitration

May 3, 2007: Attorney hired

Daniel Malis of Malis Law came on the scene, for a retainer of $2,000. He made no progress. By December 31, 2007 he gave up with no movement from Boris.

May 12 & 13, 2007: Damage to Unit 2 caused by pounding in Unit 3

Hammering and banging on the floor above in Boris’s unit caused the ceiling fan in the master bedroom of Susan’s unit to detach from the coupler. Pictures fell off the walls, new cracks appeared in the bedroom walls, and the recessed lighting was re-arranged, again… Boris and his contractors were tearing up his apartment on this Saturday and Sunday. I was shaking and furious, after many, many attempt to reach Boris to stop this.

May 13, 2007:

This was Mother’s Day. Boris had a second full day of major construction by 6:30pm when he was in the front common yard cutting up the shrubbery. He left the rose bush, which I had been nurturing, with very few branches. He knew I had been the only person tending to the garden and yard. He needed to leave his mark. All this after a full day of pounding above me, he needed to strike below me as well.

June 5, 2007: Marc Temin, Boris’ attorney has a solution – Boris does not respond View email

September 20, 2007: Water damage in Unit 2 caused by Unit 3

Email from Susan to Boris

"You have a water leak affecting both my master and guest bathrooms. Please have it repaired immediately and arrange to have the ceilings in my bathrooms repaired by your contractor."

September 20, 2007: Water Damage from Boris’ faulty plumbing was exacerbated by construction in Boris’ unit

Boris was informed of water leaking into the master bathroom ceiling of Unit 2. Boris insisted this be an association problem caused by a roof leak and refuses to investigate the cause. Susan's insurance company paid $1,865.03. Deductible was $1000.

View invoice

October 2007:

Boris requested all the original financial documents for 2006. I provided the originals, being promised, by Boris, that all would be copied and returned. On March 10, 2008 I again requested that Boris return the documents. To date this information remains with Boris. It was voted by the association that Susan manage the books early in 2006 after Christine Dobberpuhl purchased. Susan had property management, financial and real estate development experience to ease in getting most jobs around 431 Putnam Ave. executed. Boris began accusations of misappropriations of funds from the Condo bank account just before he requested the files which contained names of all contractors used in the re-construction of the building during 2004 and 2005.

October 1 & 2, 2007: Email request of Borisfrom from Susan -- "When is your contractor going to repair the leak and the damage caused to my ceiling?” View emails

October 6, 2007: Meeting with Boris and Natalya Katz

Susan allowed Boris and Natalya Katz to view her master and guest bathrooms to show them the water damage. Boris refused to let Susan enter unit 3 to view their bathrooms

There is no access to the roof from the stairwell; there is no access to the roof from anywhere except from unit 3. The leaking continued. It took a whole month for Boris to allow the inspector to view the roof to prove it wasn’t a roof leak. No plumber was called to his unit. Interesting enough, the invoice from America’s Construction Co. for repairing previous damage came on this date for $4,145.

October 10, 2007: Email from Boris

"We have a workman (Richard Demelo) coming here on Friday morning. Will you be able to show him the ceiling in your apartment then? Say, 9:00am?”

October 10, 2007: Email response from Susan

“I will be here at 9:00am. I would like to view your bathroom to understand our problem at that time. Is this "workman" a general contractor, a plumber, a carpenter or a bath remodeler? Please provide some assurances that this person is qualified, to both, fix the plumbing and repair my ceilings and wall tiles. The damage encompasses the glass shower wall which was a very expensive custom installation in my unit."

No Response

October 12, 2007: Demelo HVAC

Richard Demelo of Demelo Heating and Air Conditioning, Inc. came to unit 3 to change the air filter in unit 3’s HVAC system only. Richard told me (Susan) that he had no appointment to look at the plumbing. Richard Demelo was denied entry to unit 2. He was not a plumber. Susan was once again denied entry to unit 3 to determine the source of the leak. Boris informed Susan that he had no insurance to deal with this problem.

October 12, 2007: Email from Boris

Problem with our roof? Boris says that Richard Demelo is "pretty confident that this water is coming from our leaking roof. He found faint traces of water damage in the hallway adjacent to the (guest) bathroom. He thinks the water travels from the roof through the walls and then down to the 2nd floor." "I am scheduling an appointment with a roofing company."

All this damage from the roof and no damage to the ceiling in unit 3?

October 12, 2007: Email from Christine

"Since this is such an important issue and affects us all, I think we should all be present when the inspection is done. " I think a building inspector is a bit better than a HVAC contractor. View emails

October 14, 2007: Unit #3 much movement of heavy object(s) across kitchen and dining area -- many, many heavy trips

October 14, 2007: Email from Susan - a request of Christine

"Please get a date for entry from Boris today. Boris will not take action until he is assured this is not a roof issue. I contend that my ceiling damage is not related to a roof problem because it occurred when we were experiencing draught conditions from our weather. I just finished the repair work to my ceilings and walls from previous damage caused by inappropriate construction above."

View email exchange

HVAC person, Richard Demelo explained the reason for the leak to Boris, but he never gave us a report and never informed Units 1 or 2 of his findings. Boris never shared the information with Units 1 or 2. We asked Boris to view the site but he refused to allow us entry. See Boris' response on November 3rd (two weeks later) View email exchange

Email from Boris Boris claims "he never got a report"

As usual, Boris makes all progress impossible by obfuscating and introducing nonsense arguments

October 17, 2007: Observation by Susan

Boris had a delivery that scratched the front porch decking and caused the front door not to close needing immediate replacement of the door closer by the locksmith. No compensation to the association from Boris. He had been preparing for this since October 14^th when the very heavy objects were dragged across the kitchen and dining room floors above at 11:00 am.

October 14 - 18, 2007: Inspection by Jim Abram finally happens

It took until October 18, 2007 for the inspector, Jim Abram, a reputable and trusted source, to gain access to the roof because Boris would not allow anyone on the roof In spite of a continuing leak as evidenced in this email: View email of October 14, 2007 Finally, Boris was informed that the roof was not causing leakage to Susan’s bathroom.

Boris decided the leak was from the roof anyway and insisted that a roofer be hired to make repairs. Raboin Roofing was hired on November 28^th and roof repairs were completed on December 3, 2007 costing $1,950 (There was no leakage into the building from the roof). No solution was provided for the continuing leakage from Boris’ unit. View emails

October 19, 2007: On October 14 there was moving of many heavy objects across the Unit 3 kitchen and dining room floors. Robert Randall, a locksmith, came to repair the front door broken by Unit 3's delivery of these heavy objects. Mr. Randall was paid by the Association.

November 3, 2007: Email from Boris View email

From Nov. 3 through Nov. 18 there was a a continuing leak into Susan's bathroom. Whatever Boris did in October must have caused a problem.

Request of Boris -The roof problem is not related to the bathroom ceilings. Jim Abram (building inspector, structural and civil engineer) is sure that the roof is relatively new and the leak is in the area which should be cleaned of debris annually. Per Jim Abram "The bathroom ceilings are a separate problem; not related." Boris said he put shower guards in last week.

November 4, 2007: Email from Christine

Request of Boris -"It's not raining and the leak continues ... I think you need to call in a plumber. Someone who only does plumbing." View email

November 6, 2007: Email from Boris

Boris won’t allow Christine and me to view the roof; however, he has taken control on repairs. View emails

November 10, 2007: Emails between Boris and Susan regarding roof leak damage. View emails

November 13 & 14: Email exchange regarding Farina roofing View email exchange

November 14, 2007: Email from Susan -- Request of Boris

"Boris, The sense of urgency you have for this (roof) project compels me to ask why you don't have the same concerns regarding:

1. The continuing leak in my bathroom ceiling

2. The water shut-offs for the hoses being disconnected before winter

3. The hiring of a landscape individual to remove snow, mulch and remove other debris

4. The hiring of someone to clean gutters and downspouts

5. The relocation of cabinetry in the garage

6. The reimbursement for damages to my unit.

For all of the above reasons, please do not sign for any services in my behalf.

November 15, 2007: Response from Boris

"I signed and emailed the proposal to Farina Roofing on Wednesday night (Nov.14, 2007) after I spoke to Christine."

November 15, 2007: Exchange of emails between Christine and Susan regarding roofing bids View emails

November 16, 2007: Email from Christine:

Response "This is a learning process and we have to figure out a way to work together. In this case, can we please investigate one more bid? Boris, can you agree to let another roofer have access to provide a quote?”

November 18, 2007: Email from Boris regarding the roof and Replies from Susan & Christine View email

Response "Susan, please email me the name of the company in Lexington and I'll schedule another visit.”

November 18, 2007: Email request from Susan

"Boris, Please provide us with the times that you will be available to let the roofer in. I would like to meet with the roofer and possibly see the extent of work to be done to determine how much labor is involved in this repair. I will make sure all get a business card. I will need more than 10 to 20-minute notice. We will need to schedule 24 hours in advance due to the holiday week.”

November 28, 2007: Boris talked with Raboin about having the Association pay for his Unit 3 HVAC roofing leak problems

· Christine and Susan had to pressure Boris to use a better roofing contractor than Farina, which has a terrible reputation.

· Boris would not allow Christine or Susan to talk with Raboin.

· Boris would not allow Christine or Susan to see the roof.

· Raboin offered two versions of a proposal: one hand-written and one printed.

· The proposal does not include any areas of the roof except the area surrounding Boris' HVAC unit. The hand-written version specifies "To do the remaining roof seams, protrusions, and edges would be an additional $3900."

· Boris refused to have the protrusions on the roof repaired by Raboin.

· The proposal targets only Boris' HVAC (including raising it above the roof) yet the Association is expected to pay for it all.

· Note that the guarantee was changed from 30 years to 2 years.

· Boris never told Christine or me about the provisions of the proposal.

· Boris listed the job location as Unit 1 (possibly to deceive the insurance company).

View printed proposal View hand-written proposal View Call Sheet

December 9, 2007: Susan emails to Miguel Goyeneche regarding Boris' email about water shut-off and roofing View emails

December 31, 2007:

Susan paid $1500 to Don Malis for discussions with Temins

-------- 2008 --------

January, 2008:

Still no action by Boris to repair the leak. An insurance claim was filed by Susan for water damages. Unit 2 filed the claim instead of the association because of the $5,000 deductible associated with the master insurance policy. The insurance adjuster, Louis Fronduto, from Travelers said that I must prevent further damage from occurring. Boris would not allow access to his unit. The damage to my ceilings continued. Boris owed Susan the $1,000 deductible paid out of pocket and additional repair costs.

Boris’ attitude in his email of January 3, 2008 “I am very sorry to hear you have mold on your bathroom ceiling.” “There is nothing we (Natalya and I) did or do that causes the leak.” “Contact the builder and the architect and ask them what they suggest”

He more clearly states his position on January 5, 2008 (4 months of leaking every time his shower is used). “First, all three of us will agree that regardless of the source of the leak –damaged roof, or faulty plumbing in Susan’s ceiling – we decide to treat this leak not as a problem in Unit 2, but rather as an issue for the condo association to take care of. And if we also agree that all repair expenses related to this leak will be paid for by the association, then let’s start the process. Please let me know and I’ll then find a good plumber and try to get him come in next week.”

The conversations with Boris during this episode are documented by emails beginning January 3, 2008 ending January 7, 2008 and provided in Section 6 of the blue binder.

January 3 - 6, 2008: Correspondence between Susan and Boris regarding continuing bathroom leak.

====

January 3, 2008 9:25 pm

From: Boris Katz [mailto:boris@csail.mit.edu)

Sent: Thursday, January 03, 2008 9:25 PM

To: susan@re-sourceinc.com

Cc:

Subject: leak in your bathroom

Dear Susan,

I am very sorry to hear that you have mold on your bathroom ceiling.

I am not sure what to recommend. We asked 2 people (Richard DeMelo and Jim Abram) to examine the ceilings in your unit and the bathrooms in our unit, and both of them couldn't find anything wrong with the plumbing in our bathroom. (I believe Jim Abram said it is "nice and clean"). While Richard and Jim aren't plumbers, both of them have considerable experience with plumbing and related issues. Both basically agreed that there is nothing that we (Natalya and I) did or do that causes the leak.

As I told you, I believe the leak in your bathroom was caused by the damaged roof, and now that the roof is fixed, I expect that your bathroom ceiling is not getting any more water.

Unfortunately, we fixed the roof very late in the season; as a result, much water got into the house and perhaps you'll need to wait until it gets warmer to see any improvement.

If you don't see any signs of improvement, then perhaps you should try a different strategy. I remember you told me that the leaking problems started quite a while ago, which means they started while the building was still under the warranty. Therefore, you may want to contact the builder and the architect and ask them what they suggest.

Best regards, Boris

====

January 4, 2008 1:07 pm

On Jan 4, 2008, at 1:07 PM, <susan@re-sourceinc.com> wrote:

January 4, 2008 Boris,

No one has opened up the walls in your bathroom to look at the problem with your plumbing. The excessive movement of your possessions and the shaking of the entire structure from your faulty washing machine have caused unknown damage that has been ongoing. Should you not address this issue, shortly, I will file an insurance claim which will take matters out of our hands and put them in a adjusters care. I believe in a house of this age many problems with plumbing, electricity, landscape etc. will continue to occur. Please do your part to address what occurs in your exclusive use areas and we may be able to get along.

1. Richard DeMelo never looked at the ceiling in my unit.

2. Jim Abram told you the ceiling damage was not from the roof.

3. Every time you shower Boris, I get water. I can hear it dripping sometimes.

4. Right now the damage is on both sides of my glass shower door at the ceiling. Should you choose not to have a plumber repair the leak, then the damage will cost a great deal more to repair. It could lead to your floor, Christine's ceiling, etc.

5. Boris, the leak is in your unit. When there is damage to any part of this building it needs to be repaired immediately so as not to cause further damage.

6. The builder and the architect have moved on. Boris, the insurance company will find you liable. Should I require legal assistance to get you to take action; I will charge you costs. I have documented all correspondence informing you about your liabilities

7. Due to your inability to act in a timely manner, I believe that the insurance for our common property will need to be increased. You have informed me that you have no insurance. I strongly =20 recommend that you get some. My insurance carrier will most certainly contact Northern Security Insurance Company. We don't need to be in a high-risk category for our condominium insurance. We do need to increase our coverage to replacement value. Our current coverage is for $1,272,000.00 of building value.

Christine, I am copying you on this to get your thoughts on how we =20 all proceed.

I will hold off until Monday, January 7, 2008 before contacting my =20 insurance carrier to initiate a claim.

Susan

====

January 4, 2008 2:12 PM

From: Christine Dobberpuhl <cdobberpuhl@comcast.net>

Date: Fri, 4 Jan 2008 14:12:23 -0500

All,

the only way the source of the leak is going to be established is by opening up Susan's ceiling, seeing how much any water is still there, and tracing it back where it comes from. The problem wasn't addressed by fixing the roof (or if the leak was addressed, the problem of water in the walls wasn't). Yes, it's ugly and no one wants to do it, but it needs to be dried out and repaired regardless of where it's coming from. Sitting around speculating about the root of the problem isn't going to fix it.

My opinion -- if it's related to the roof, then it gets cleaned up as part of that mess. If it's originating in unit 3 then start the claim process -- if it has to come to that. Start with calling a plumber.

Boris, when you were having leak issues we all worked quickly to accommodate your needs. Apparently, your problem has been fixed but this hasn't. If it's your contention that this is still part of the same issue, then you should by all means be moving at the same pace as previously.

Thanks, Christine

====

January 5, 2008 6:15 PM

On Jan 5, 2008, at 6:15 PM, Boris Katz wrote:

Thank you Christine for your thoughtful and constructive note which helped me clarify my thoughts. As I said in a previous email, 2 experts we invited to examine the situation agreed there is nothing that we in Unit 3 did or do that causes the leak. I therefore recommended that Susan contact the developer/builder/architect and ask them for suggestions, especially because the leaking problems started while the building was still under warranty.

Now, it appears that Susan has some reservations about contacting the developer, and so your email, Christine, suggested a different solution. First, all three ofus will agree that regardless of the source of the leak -- damaged roof, or faulty plumbing in Susan's ceiling -- we decide to treat t his leak not as a problem in Unit 2, but rather as an issue for the condo association to take care of. And if we also agree that all repair expenses related to this leak will be paid for by the condo association, then let's start the process.

Please let me know and I'll then find a good plumber and try to get him come in next week. Boris

====

January 6, 2008 12:10 PM

From: Christine Dobberpuhl

Sent: Sunday, January 06, 2008 12:10 PM

To: Boris Katz

Cc: susan@re-sourceinc.com; natalya@ascent.com Subject: Re: leak in your bathroom

Hi,

Don't think I was quite clear enough.

I suggested that if the water damage in Unit 2 was determined to be a result of the leak in the roof, then it should be repaired in concert with the previous repairs-i.e. condo association is responsible.

As to: regardless of the source of the leak-- damaged roof, or faulty plumbing in Susan's ceiling-- we decide to treat this leak not as a problem in Unit 2, but rather as an issue for the condo association to take care of

That's not what I meant at all.

As far as "faulty plumbing in Susan's Ceiling" goes, unless the water line for Unit 2 connected to that shower(s)/plumbing is leaking, then it is not a problem in Unit 2, but a problem in Unit 3 impacting Unit 2. Therefore, your recommendation "that Susan contact the developer/builder/architect and ask them for suggestions, especially because the leaking problems started while the building was still under warranty" is actually your responsibility. I don't honestly think you would follow that line of thinking where Unit 3 is concerned, but fine by me if you want to go that route.

Please keep in mind, if it is indeed determined that the leak/water damage is not related to the roof issue, any additional deterioration/damage incurred by not addressing the problem asap will be your/the developer's responsibility as well.

Look at it this way-overarching, shared spaces are association spaces. Unless directly caused by an association space problem, inter-unit issues are inter-unit issues. If water is leaking into Unit 2, I can pretty much guarantee it's not coming from Unit 1. Could possibly be coming from Unit 2, but is most likely coming from Unit 3. Therefore, Unit 3 is responsible for repair and damages. It is not an association problem, unless (again) you want to contact the contractor/developer/builder and have that fact established. That's what I was trying to say.

Earlier this year, Susan was having work done in her laundry room. There was a leak. I notified Susan and she assumed responsibility to ensure workers assessed the damage and repaired it properly.

PDF version of the full email exchange

Janary 7, 2008: Email from Susan Regarding Leak View email

January 7, 2008: Travellers Insurance was also involved in the leak problem. View email from Susan to Travellers

January 10, 2008: Boris’ plumber, Mike Ahern, inspected unit 2

February 9 & 10, 2008: Email exchange regarding leak in Boris' plumbing which is leaking into Unit 2 View email exchange

February 9, 2008: Observations by Susan:

Once again the garage lights are not working

February 10, 2008: Email from Christine

I happened to be in my master bath at about noon yesterday and there was an audible drip that lasted the entire time water was running on the 3rd floor. It stopped immediately when the water went off. There is water leaking from the 3rd floor in the walls. There is no doubt about it.

I had a notice from Public Works in my mailbox. Since I put my garbage in a barrel with a lid I assumed it was a notice for the whole building. So I put it atop #3's mailbox. It was back in my mailbox the next day.

Boris, please assume responsibility and address the above issues immediately.

Christine

March 10, 2008: Email from Susan

Boris,

The tax return and the financial summary were provided to you in January 2008. The return was filed on January 25, 2008. Please return the receipts, invoices and other financial documents that you requested for 2006. The sources of services and materials need to be available to all of the association.

Susan

Boris still has the 2006 association documents.

March 18, 2008: Conversation Susan informed Boris of the shower leak again.

March 29, 2008: We finally had a Maintenance meeting March 29.

View notes

March 31 - April 1, 2008: Email exchange between Susan and Christine View emails

April 1, 2008: Email from Susan

Boris & Natalya,

Could you please leave the white paint on the chair in the back hall for Henry to begin painting the utility room. He was available yesterday, and will be around this weekend to work on your yard.

I wish to repair the ceiling in my bathroom. I do not intend to pay for it myself. Henry says he is competent to do this as well as all the other painting. Boris, I know you do not wish to pay for this as you believe it is a condo association liability. Christine, your thoughts please. Boris, if it leaks again, I believe you will need to accept liability. You have somehow diverted the water away from my ceiling as evidenced by the lack of noise on Saturday when testing. I hope you have made a permanent repair.

Please respond at your earliest convenience.

Thanks, Susan

April 2, 2008: Observation

The garage door was broken again. It stayed broken until Boris arrived back home in the evening.

June 26, 2008: Conversation

Susan showed Natalya Katz the new water damage to the bathroom ceilings which were painted the previous week.

June 28, 2008: Conversation

Telephone from Susan to unit 3 regarding the increasing damage from the leak. Jessica Katz (daughter) was begged to assist her parents in getting a plumber.

July 2, 2008: Conversation

Chase & Tolan, plumbers, viewed unit 2 — No action taken.

July 4, 2008: Email from Boris

Dear neighbors,

Here's a brief update on the leak in Unit 2. Two plumbers from Chase & Tolan came here on Wednesday morning, July 2nd. They examined bathrooms in Unit 3 and Unit 2, our basement, and the rest of the plumbing infrastructure of our house.

They couldn't find anything wrong with our bathroom fixtures. I mentioned to them that the toilet in our master bedroom "wiggles" ever so slightly under pressure, and they decided to take a look. They removed the toilet and found some missing screws underneath which attach the toiled base to the floor, so they added the screws, replaced the seal and put everything back.

They think that it is unlikely that the missing screws were the cause of the problem, especially because the floor under the toilet was completely dry. The most likely reason, they think, is the main drain pipe that goes from the roof all the way to the basement. (note that the water from the showers, the sinks, etc. also goes into that pipe through various connecting pipes.)

One explanation is that the main drain pipe is clogged, and during heavy rains or melting snow, the water backs up and gets into the 2nd floor ceiling. Another possibility is that one of the pipes in the 2nd floor ceiling that connects to the main drain is damaged. And yet another possibility is that the roofer didn't do a good enough job when sealing the area around the drain.

The plumbers suggested that we watch the damage carefully to see whether there appears to be any correlation with the wet weather. To make this a "clean experiment”, I asked Henry yesterday to once again scrape and paint the ceiling in Susan's bathrooms. Henry just told me that he finished the job and I paid him for it.

If the water damage appears again, the plumbers told me that they would need to carefully open the ceiling around the wet spots and try to locate the damaged pipes there.

Best regards,

Boris

July 5, 2008: email from Susan

Boris, The plumber said that the next step would be to see if you have a faulty shower valve in your bathroom. View email

July 6, 2008: Unit 2 - bathroom ceiling painted again

Email at 9:07 AM to all residents:

Hello all,

Henry is here now. I will go up on the roof with him to make sure he is okay I know how to clean a roof drain.

Boris and Natalya, please do not use your master shower today. The ceiling has been saturated and too wet for Henry to paint until today. We need time for the paint to dry.

Christine, please telephone me when you receive this message.

July 2008: Summary of occurrences July 1 through July 10

I informed Boris that I was having the ceilings repaired and painted again and if a leak occurred again it was solely his responsibility. On July 5^th, 2008 Boris was told by his plumber that he potentially had a faulty shower valve, and if the leak continued he would need to replace the valve. Boris still insisted that a roofing professional be hired again. On July 6^th, the ceiling was painted again.

Boris orchestrated several of his contractors to come into Susan’s house to investigate the water leakage on July 10, 2008. The contractors were in both my bathrooms on ladders and poking into the ceilings. Boris came in a little later, curious, he wondered in through my front door, without permission. It must have been left open by one of the contractors. Susan asked him to leave multiple time … He assaulted Susan (slapped across the face) as she was trying to escort him out the door while he was talking in Russian to his wife. See police report filed by Susan (section 7 of the blue binder). The Cambridge Police never talked to Susan, who waited inside her condo for them to respond. Boris called in the M.I.T. police who reside around the corner. He met them in the front yard telling the Cambridge police he was a victim and scared of me. The narrative in the police report is blacked out and much is not accurate as it was reported by Boris.

July 7,2008: Email exchange between Boris and Christine regarding roof leak View emails

July 8, 2008: Letter to Association regarding items to be discussed

View letter

July 8, 2008: Association Meeting "How to Proceed" View document

July 10, 2008: Observations

We all agreed to have America's Construction look at the leak problem. The plumber was to be Jose Valeriano from Revere. Boris had decided to bring in David Chase of Chase and Tolan Plumbing, Watertown. Both arrived with assistants. When I was showing the plumbers my unit, Boris followed behind. I asked him to leave no less than 10 times, witnessed by the plumbers. Boris continued talking on his cell phone and was not departing. When he finally reached the door with one foot in and one foot out of the door, I waited for him to leave and he did not. I started to close the door and he hit me with flat hand across the face. Police Incident Report #8005334 View letter

Question: He refused for months to view the leak in my apartment. Why would he think that he could enter my apartment after he had refused me access to his apartment? Why did he hit me??? The police did not take statements from the witnesses. Why?

Natalia fraudulently represented herself to the police’s being Susan.

Police Incident Report #8005334 Letter from police regarding filing a report of Assault and Battery against Boris View letter Public records request

July 11, 2008: Boris finally had the electrician repair smoke and CO detectors

July 11, 2008: Conversation with Christine

After continual refusal by Boris to cooperate and repair his leaking plumbing, the condo association was forced to pay for repairing the water leak. If the association would not pay, Boris would not allow access to his unit. The association paid for the replacement of a valve and the repair of a broken water line.

There had been much discussion regarding Boris's removal of his smoke detector from the main hallway. Having refused to put them back in working order, Susan asked that he provide an electrician's statement saying all were working properly. Gibbons Electric provided the statement this day.

July 14, 2008: 4:58 PM Email from Susan regarding leak in Unit #3:

Boris & Christine,

As you know, this has been a continuing problem since Boris was first informed of the leak on September 20, 2007.

The repair was to include the replacement of a faulty valve in the master shower of Unit #3. Boris refused to have the valve replaced as recommended by AC General Contracting.

Numerous people have viewed my unit, all saying that the tiles will need to be removed from the aster bathroom oin Unit #3 to determine the exact cause of the leakage. To date, Boris has refused to open the wall in his master bathroom to correct the problem.

I will be available by appointment to show my unit to a knowledgeable company. AC General Contracting would be the preferred company as they renovated these condos. Jose Valeriano from Revere was the plumber who wanted to do the right job back in July, 2008.

Who will be contacting me to schedule the 10:30 am appointment on Monday? I will not allow Chase & Tolan in my home again due to the incident that they contributed to on July 10, 2008. You told the plumber, David Elman, when he perused my master bed room that no matter how much water damage, no one would be allowed to open up the walls in Unit #3.

If someone else is going to come into my home, I would like some information about them. Please provide references prior to their arrival and have them talk with me directly about the time of arrival and prior notice.

No matter what the outcome of the plumber's visit, calling in the insurance company for a second time regasrding the exact same issues as those from 2007 will certainly put liability on the Katz residence.

July 15, 2008:

The condo association paid $525. View invoice to have a fitting replaced and the shower valve replaced in Unit 3. Boris refused to let the plumber replace the shower valve, even though it was already agreed to and paid for. (Jose 7/15/2008)

July 18, 2008: Email from Christine regarding plumbing leak

Hi Boris,

Sorry I was not up to chatting this morning. I had originally planned to fly in tonight but we decided to take the red eye last night instead. The flight was delayed, etc, etcs not in much of a state to discuss the porch.

Thank you for providing documentation about the smoke alarms. I appreciate you taking the time to have that verified.

If you could please forward, in as much detail as possible, the terms that you had put forward concerning the garage? Thank you. Also, there appears to be something about a compact car ruling in the variance that approved the construction of the garage. Have you looked into this?

That said, the problem in the garage is clearly contingent upon what areas are deemed common and which are not. This has been going on for 2 years. In my opinion, we need, once and for all, to have an outside party rule on individual property vs communal. And this CANNOT take another 2 years, let alone 2 months. There can be no more stalling. Please provide ideas of how you would like to move forward asap, and I will think on it as well. After I have some sleep.

Regarding the ceiling leak:

I still don’t understand why you didn’t have Jose replace the shower valve in the master bath. When I left town, we had the work scheduled for Monday morning and I was confident all parties had decided that the valve should and would be replaced. Even though there was an additional crack in the pipe, the fact that there are known problems with this product and you had already purchased a replacement for said product — and didn’t have it done, leaves me baffled. It wouldn’t cost any additional money, or time, and could be considered preventative maintenance.

Miguel went to great lengths to reschedule his workers AND get involved in a situation that I’m sure he wants nothing to do with. In addition to all parties here, it was his understanding that this was the work to be completed. I don’t have a record of your conversation with Jose, but replacing the valve was the work that was agreed to. It should have been done. Miguel and his contractors are an excellent resource that will be lost to us if we continue to quibble over work he is going out of his way to do for us. This is a huge faux pas in my opinion. If there was a change/question about the work, you should have contacted Miguel directly — otherwise he cannot guarantee the work.

Please let me know how you would prefer to move forward regarding the outside party ruling. And how you intend to remedy the plumbing situation with Miguel.

Clearly, the only way we are going to move forward-even acting as an association--is if all parties recognize the association. Unfortunately, that's not happening at the moment. The only thing I can think of is an outside party to rule.

Thanks,

Christine

July 29, 2008: Email from Susan

Hello Christine,

We need a process to get to final solution for all issues, past, present and future.

When we all agreed to replace the shower valve in unit #3, with funds from the condo association, the association acted in the best interest of the building based on the expertise of AC General Contracting Co., a company we all trust. No individual unit owner has the right to override the judgments of the association as a whole, or the professionals it hires.

No individual unit owner has the right to occupy common area for it exclusive use. The lines in the garage must be drawn in a way that recognizes the variances provided by the City of Cambridge.

The assault by Boris forces the issue of controlled communication when the safe guard of the building is in question. All are entitled to peaceful enjoyment of their property. The garage question must be settled as soon as possible (2 years is too long to wait, given 2 sets of attorneys employed) so that we equally employ common area as, they were intended to be used (see drawings by Mark Boyes-Watson office presented to the hearing committee.

Please, let's start the process before I leave the day after tomorrow. If you need me to call then I will do so. We cannot stand by any longer. If you have other suggestions for

attorneys please let me know. Or if you would like to vote on the issues formally and present the findings to Boris with sanctions and time constraints this will also suffice.

August 14, 2008: Talk with Natalia

Susan informed the Katz’s that she was having surgery on September 4^th, 2008 and additional surgeries later in the year. She would be wearing a brace which would not allow her to back into the garage. She pleaded for them to move their cabinetry and car again… No response.

Sept. 7, 2008:

Susan requested help so that she could use her car. No one answered. It was exhausting keeping up with Boris so Susan understood why Christine had become cold and detached from problems of the association. Christine didn’t even own a car and was not affected by the leak.

September 7, 2008: - Loius Fronduto, insurance representative, had a site visit. He told Susan further damage must be prevented.

September 7, 2008:

October 16, 2008: Hospitalization

Susan required additional surgery and was hospitalized for one week. On November 6, 2008, She was fitted with a brace which did not allow her to twist her body to see properly when backing into the garage. Unit 3 ignored this request and the request to have the lines drawn properly in the garage, by refusing to move the cabinetry to define the space according to the variance provide which made turning her body very painful. The difficulty of Although she begged Boris to move his cabinets, he refused.

November 6, 2008: Boris files an application for criminal complaint with the Cambridge Police Department charging Susan with malicious destruction and of threat to commit crime. View appliation

November 11, 2008: Exhibit? Hearing Dec. 10. 2008

Boris files an application for criminal complaint with the Cambridge Police Department believing Susan has vandalized his property. “malicious destruction of property and threat to commit crime regarding the dent in his cabinet in the garage.

November 19, 2008: Invoice from AC General Contracting for leak repair in master bathroom - $500. View invoice

December 1, 2008:

To date Boris has refused to move his cabinetry. After all the agreements and discussions since November 2006, there has been no movement on his part.

Costs to Susan:

Legal fees from 2007 (all regarding Katz negotiations):	$4,724.00

Repair costs of damage to unit 2 prior to 9/20/2007:	$4,145.00
Repair costs for both bathrooms water leaking 10/27/2008:	$1,000.00
Total cost to repair both bathrooms:	$2,865.00
Total cost of repairs:	$9,869.00

December 10, 2008:

Attorneys for Boris and Susan met with Cambridge Police officers. In this meeting, Boris claimed that Susan scratched his car, put nail polish on his car and damaged his cabinetry. Someone had obviously keyed his car. It wasn’t on the drivers’ side so who knew when it happened. His wife doesn’t drive. He called in the police because “enough is enough.” They suggested a camera be placed in the garage pointing at the cabinets. Boris would not allow this so nothing happened.

-------- 2009 --------

February 20, 2009:

Boris presented Susan with an agreement about the garage usage, without any prior discussion. It gave Susan little hope for any compromise. He wanted compensation of $600. For his damages and for Susan to assume all costs of modifying the garage and states that he makes no alterations to his parking area usage.

March 6, 2009: Threatening Letter from Marks Boyes-Watson and response from Susan View Letter and response

There was no communication until December 23, 2009 when Boris responded to the voicemail I left about his shower leaking into my bathroom at the same exact location previously discussed. Boris ignored it again. The leak is directly related to Boris not replacing the shower valve.

December 13 - 16, 2009: Emails regarding smoke & CO detectors in garage View scan of emails

December 23, 2009: Email from Boris regarding bathroom leak View email

-------- 2010 --------

January 13, 2010: Association paid Robert Randal, Locksmith, $281.81 to repair the striker on the front door which had been damaged by Boris

July 9, 2010: Leak reported to unit 3. No action taken.

A major leak occurred causing significant water damage from the shower in Boris’s unit to Susan’s ceiling, glass enclosure and walls. Boris’ response “My HVAC person says the leak is from your unit. Call your plumber now!!!” Safety Insurance was called in as my home owners policy was again employed. View emails

July 14, 2010: Plumbing leak communications (Safety Insurance, Boris, Susan) View emails

-------- 2011 --------

October 18, 2011: Email exchange regarding plumbing View email exchange

October 18 - 20, 2011: Email exchange regarding plumbing View email exchange

October 20, 2011: Email exchange regarding hiring a plumber to replace a faulty valve in Unit 3 which is causing damage to Unit 2 View email exchange

October 20, 2011: Email from Boris regarding his plumber experiences View email

October 21, 2011 Email from Christine -- Boris was informed of a leak from the same place as in September 2007 into Unit 2. This was a busy week for Boris’ mischief… View email exchange

October 22, 2011: Email to Christine regarding electrical problems. View email

October 23, 2011:

Garage issues mysteriously occurred. Boris claimed no knowledge of tampering with motion detector switches and sensors in the garage. An electrician was required to make the repairs. During this week, the smoke detectors were going off in Boris’s unit. This had been a continuing problem as Boris had disabled these alarms in the past.

October 24 - 25, 2011: Email exchange between Susan and Christine regarding electrician View email exchange

November 3, 2011: Electrical repairs required jn garage

Fairchild Electric was paid $432. for 4 hours of work in the garage. Boris is the only person working in the garage, viewing the papers in the cabinets. He is not talking with me or Christine, now. Boris has been messing with garage and electricians have been repeatedly paid to fix his mischief. View invoice from electrician

December 13: Quote from M.F .Keane for repairs to porch

View Keane estimate View related email exchange between Christine and Susan

At the end of the year Christine and Susan were getting quotes to repair the front entry porch which was going to cost more $17,000. Boris signed a contract with a roofing contractor on December 20, 2011 and never discussed it with Christine and Susan. It was for $1,260. When Christine and Susan did not agree, in his email of January 16^th, 2012 Boris was still pushing for a roofing contractor when there had been very heavy rain and wind activity the day before and no evidence of leakage into the building.

December 22, 2011 - January 5, 2012: Emails regarding roof View emails

-------- 2012 --------

January 12, 2012: Emails

> January 16, 2012

> Boris,

> Yesterday there was a significant rain and wind storm. My ceiling was and

> is dry today.

> I hope your ceiling is dry as well.

> I do not believe there is a roof leak here at 431 Putnam Ave., however_, I

> have talked to the roofer who will be working for Moss Keane.

> He needs access to the roof to look at the area indicated by Thomas Raboin

> believed to be leaking.

> Please allow him access when the work begins in the next few weeks.

> Christine and Ihave paid our estimated cost for the repairs. Please

> deliver your share before the work begins.

> We are short in our operating account and can not pay the current

> insurance

> invoice without taking money from the capital improvement account.

> The cost of repairs and maintenance this past year exceeded our budget.

> The garage continues to be a problem. The roof does not seem to be a problem

> for the association to address at this time.

> Again, The leak in my bathroom ceiling is generated from your unit only.

> Susan

====

Our budget has not increased since we all purchase our units in 2006. As the building ages the problems will continue to increase.

This year, as you can see by the summary report provided 2 weeks ago, the only time we used money for capital improvements was to fix the drainage problem around the garage and to do a major pruning of the common area plantings.

Presently, the insurance bill is due and our operating account would only have $5.00 left if it is paid before February 1, 2012, when the bill is due. The garage door needs to be repaired and unless we take money from the capital account it can not be done.

There is no email from Moss. If there was no leak in the last storm from the roof, I don't believe there i s a roof problem that needs to be addressed in the near future. Boris, you can co-ordinate with Moss Keanes roofer when he repairs the roof outside your. unit.

Hope this answers your questions.

Susan

====

-----Original Message-----

From: Boris Katz [mailto:boris@csail.mit.edu) Sent: Monday, January 16, 2012 6:00 l?M

To: Susan Schlossberg

Cc: 'Christine Dobberpuhl'; Boris Katz; Natalya Katz Subject: Re: roof leak, or the lack thereof:

Susan and Christine,

I am glad to hear that Moss Keene has finally scheduled work on our house. For some reason, I haven't received his email with the schedule; please for:war:d it to me.

Also, when required, I'll provide access to the roof so that Moss's roofer

could examine the area which according to Thomas Raboin needs r:epair. After that, we, the association, will be able to determine whether or not the roof presents a problem that needs to be addressed.

I am very concerned that we are apparently drawing on our capital improvement account to pay for operating expenses. PlecJ.se let me know whether such events occurred in the past, how much of the capital improvement funds had been spent in this manner, and for what reason.

What. other instances were there when our capital improvement funds were used"? Any decision to use this a ccount must be made with the agreement of all the members of the association.

Thank you,

Boris

January 21, 2012: Emails regarding roof View emails

February 2, 2012: Boris decided that I was misappropriating condo association funds, again. He wrote “Susan, please prepare a draft budget along with supporting historical data (amounts spent on each budget line over the past several years)”. I had requested raising the condo fees since 2007. Boris was fishing.

February 2, 2012: Note stating the increase in condo fees is not enough to cover needs View note

February 6, 2012: Receipt from Budget Overhead Door $254. View receipt

February 9, 2012:

· Christine was vandalized and robbed. We immediately got a locksmith in to Install “J-bars” at the front and back exterior doors costing $447.50.

· Budget Overhead Door was called in twice to repair damages caused by Boris shutting down the lighting in the garage while he worked late at night costing over $500.00.

· The drain overflowed in front of the garage requiring Drain Doctor for $225 on April 12^th, 2012.

· By May 10^th we could no longer pay condo association bills. Boris only wanted to have a 10% increase which would not even cover the increased insurance expense.

· The building limits of $2,093,600 insurance coverage needed to be increased. Boris won and we never increased our condo fees, consequently few repairs have occurred after this.

April 4, 2012: Receipt from Budget Overhead Door $250. View receipt

May 10, 2012: Email from Boris regarding fees View email

September 28, 2012: Susan ordered the porch to be redone for $17,600 paid by the Association to Anderson Contracting.

October 11, 2012: Association applied for a permit for Anderson to do the work.

October 14, 2012: Emails between Boris and Susan View emails

November 8, 2012:

Susan left a voicemail for Boris stating that she could hear water dripping while Boris’ shower was on. Boris arranged for the contractor who was repairing the front porch to look at the roof. Again, nothing was found at the roof.

October 31 - November 12, 2012: Emails from Boris regarding leaks View emails

November 12, 2012: Emails from Boris regarding shower and telling David Anderson that he must have a 10 foot ladder to get to his roof. View emails

November 14, 2012:

The contractor, David Anderson, was contracted by Susan to remove the damaged ceiling in the master bathroom and repair the plumbing in Boris’ unit.

December 22, 2012: Emails regarding roof and plumbing

-------- 2013 --------

August 19, 2013: Email exchange

From: Boris

Hi everyone,

My understanding is that Anderson fixed/replaced only one or two posts.

I don't want to sound negative, but I don't think we should spend that much money to stain a fence that everyone agrees is of inferior quality. It it falls down in another 10 years, we'll hire someone to either fix it or to put up a new fence. Spending $3,000 on staining the fence every 5 years is likely to be comparable to that eventual

cost.

By the way, regarding the estimate: John told me a while ago that he charges $25/hour. So, if we pay him $3,000, this means that he will spend 120 hours (15 full working days!) working on the fence. (Yes, I know that we'll also need to buy some stain but this surely is a minor expense compared with the total amount). I don't think this fence is worth it.

Thank you,

Boris

====

On August 19, 2013, at 9:14 PM, "Susan Schlossberg" <susan@re -sourceinc .com> wrote:

Does this mean that we should purchase the material to coat both sides of the fence before winter? We should tell John to plan this out soon if we proceed to do the work. The posts were fixed by William Anderson this past winter Ithink .

====

From: cdobberpuhl@comcast.net [mailto:cdobberpuhl@ comcast.net] Sent: Monday, August 19, 2013 4:30 PM

To: susan@re-sourceinc.com

Cc: Boris Katz; cdobberouhl@comcast.net Subject: Re: fence in rea of property

I suggest we identify which posts may be most vulnerable to potential rot. We begin replacing them as needed over a period of time, in addition to painting/sealing the existing the parts of the fence that are not at risk. That way we can also ensure that the replacement approach works, rather than doing them all at once and having them rot through.

Thanks, Christine

====

Response from Boris:

Hi Susan and Christine,

I wonder whether this would be a wise use of our limited resources. As you know, the problem we had with the fence last year had to do with the part of the fence post which was in the ground. That in-the-ground part of that

post rotted and had to be replaced, but painting the fence above ground (as we did a few years ago) did nothing to prevent this from happening.

It appears that the fence posts were not treated properly when originally installed, and at some point we'll need to start thinking about their replacement.

Thank you,

Boris

August 26, 2013:

Morning Star Painting provided the quote to restore the window sills with epoxy, repair cracked clapboards and rotten wood at a reasonable cost (carpenter - $38.00 per hour), fill all nail holes and scrape and sand prior to applying primer and two coats of acrylic latex finishing paint for $27,450. Both Susan and Christine liked their work on other houses in our neighborhood. Proposal

August 28, 2013:

Christine sent an email regarding painting the building, increasing the condo fees (reserve – 50%) and that she was not concerned about repairing/repainting the fence as much as protecting the building. To this Boris responded “We can certainly wait a couple of years which will give us a chance to build up our Reserve account.” “I don’t think this fence is worth it.” This was accompanied by accusations of misappropriation of funds, when all reserve expenses were agreed to by no fewer than two trustees. Landscaping and management services were still being provided by Susan with no compensation. The total cash flow of the association is $12,096, annually.

Wed, 28 Aug 2013 08:27:21

christine dobberpuhl <cdobberpuhl@comcast.net > writes:

All,

We need to plan our approach to painting the exterior of the building. The trim is getting pretty damaged in places, and there is some damage to the actual siding that should be reinforced/primed/repai nted. Protecting the exterior of the entire building concerns me much more than repairing the fence--it will be a slippery slope if we start to get long term water damage. Painting the trim will require setting up scaffolding, so I asked Susan to get a quote for the whole project.

Morningstar Painting has done a few jobs on Magazine. I walk up to Central every day and am impressed with the work they did at 44 Magazine and also at another house (just before Dana Park, I think? I can recheck the address tomorrow).

They came up with an estimate (please see attached) and are open to taking on the job this fall. As you can see, this will involve each kicking in a fair amount of $$ to supplement the $9K or so we have in the Reserve account. It's going to have to be done sooner vs. later, so I think it's worth discussing and possibly moving forward before the possibility of further damage this winter.

In addition, we need to talk about increasing our Operating and Reserve condo fees. We haven't raised in 6+ years, so it needs to be done. The most obvious area (to me) is the Reserve. I'm thinking around 50%? We need the reserve to build up for snow removal and projects like this painting. It's not going away, so we need to craft a plan to address.

Thoughts?

[Christine]

September 1, 2013: Email 5:59 PM Boris prevented us from painting, refused to raise condo fees, and slandered Susan by accusing her of theft. View email exchange between Christine and Susan

Boris continued to slander me regarding misappropriation of association funds. In his email dated September 1, 2013 he says “more than $6,000 have been spent from the Reserve account, without the knowledge and explicit approval and authorization from our condo association. (In fact, we would have been in a much better position to pay for painting the house sooner rather than later if not for that unfortunate misappropriation of our funds.) We still haven’t painted the house as of December 2017.

December. 31, 2013:

At year end all Trustees were provided the 2013 financial recap indicating $9,696 in income and $9,375.58 in operating expenses. Money was needed from the reserve account to offset the lack of condo fee income to make needed repairs to the broken fence in Boris’ yard - $1,600.

-------- 2014 --------

March 8, 2014:

Susan sent a current conditions statement regarding 431 Putnam Avenue to all occupants requesting a vote to increase condo fees, make necessary repairs and hire Morning Star Painting by employing a special assessment. On March 9^th, Boris emailed “As I said again and again, we need transparency in our association’s finances and accounting practices. No work was to proceed unless Boris was to “get all information about every forthcoming potential expense, and we will all need to approve it before the check is written.” (I am an MBA, with a specialty in cost accounting and finance. I have taught cost accounting at Lesley and sat on no less than 20 Boards of Directors for the Commonwealth of MA. The books were in control using Generally Accepted Accounting Principles). Boris continued to slander me to Christine. On April 29^th,Christine met with Susan to walk the building and review the bookkeeping.

To: 431 Putnam Avenue Condominium Association members From: Susan Schlossberg

Re: The current conditions at the property which need to be addressed

Condition of Exterior Paint at 431 Putnam Avenue

1. Front entrance especially front entry is marred.

2. The front columns and molding are cracking from weather damage and must be sealed and painted.

3. The curved wall above the garage has visible damage on all levels showing cracks and chipping paint.

4. Exterior molding around the windows is cracking at the base and will soon progress causing further cracking to the wood components.

5. The curved wooden boards are warping due to paint chipping off. Mold will soon follow,

6. There is visible chipping and cracking paint at 2nd and 3rd floor levels on the left side of the building clapboard and crown molding.

7. There are visible cracks in the ornate braces at the roofline of the building.

8. The ribbon detail below the roofline on the entire building is peeling and requires immediate remediation.

9. Water damage is evidenced by the black vertical lines marked on the left and right sides of the building.

10. The railing on the rear decks need painting.

11. Window frames are cracked at the 3rd floor level.

The association must vote to paint the building to stop any further deterioration to the trim, moldings and clapboard. Morning Star Painting provided a proposal to address all these issues and more on August 26, 2013 for $27,450.00. Currently the Reserve account holds $10,480. The Operating account holds $150.00.

Repair to l ock at common entry:

As you may be aware, on February 24th, the lock became inoperable. It required 3 hours of Robert Randall's' labor to get it operational.

Condomi nium fees must i ncrease to offset the expenses:

Snow and ice removal have taken an extraordinary bite out of our Operating bank account.

There has been much damage to the landscaping and repairs/improvements need to be addressed.

The cement curved curbing along the left side of the building has failed.

The bushes separating the back yards of unit #2 from unit #3 have split from the weight of snow and ice. The flowers along the sidewalk called Jacobs Ladder need to be replaced.

Repairs and replacements to the fence at the rear of the property. Lighting around the property should be improved.

A watering system to the back of the building should be created for all private yards. Painting and patching at interior common areas is needed.

I am sure we could all add to this list. For now, suffice it to say, we need more money.

A vote is required to address these issues. Please weigh in below:

Paint 431 Putnam Ave utilizing the services of Morning Star Painting To be paid by special assessment of unit owners

Increase Condominium Fees

A 20 percent increase will bring us to $970.00 per month in the Operating account and $240.00 per month in the Reserve account which should provide for the increasing expenses.

Christine Dobberpuhl Boris and Natalya Katz Susan Schlossberg

Agree Disagree Agree Disagree Agree Disagree

April 23, 2014: email to Christine “ I would appreciate the time to walk the building with you and show you the books” View email

May 3, 2014: Special assessment for Morning Star Painting

Susan sent an email to Christine stating that the money needed by special assessment of $8,427.15 was available from unit 2 to begin the painting immediately to avoid further damage to the façade. View email

May 11, 2014: Follow-up email on Painting View email

May 25, 2014: Susan sent another email to get an agreement about painting and maintenance. Christine responded. View email

May 28, 2014: Christine wrote to Boris:

I really believe our only option is to consult a third- party management company to come in and assess the situation. We bring someone in to:

• do an unbiased audit of the finances and property

• serve as a point person for concerns

• prioritize what needs to be addressed

• set up a plan for future expenditures and savings

We haven’t raised our condo fees to establish any sort of stability with our finances.

June 16, 2014: Email from Boris barraging Christine and leaving out Susan entirely

From: christine dobberpuhl [mailto:cdobberpuhl@comcast.net]

Sent: Monday, June 16, 2014 6:03 PM

To: susan@ re-sourceinc.com

Subject: Re: 431 Putnam Ave.

Below is my latest correspondence from Boris:

Hi Christine.

I am less optimistic than you are about the ability of a management company to succeed because their job is to do what we tell them to do, and if we can't agree, l don't see how they will help. But perhaps we could give it a try. Please l et us k now what information you obtained about service fees. I' ll be mostly away during the fi rst hal f of .J u n e. but when I get back, I 'll ask abo u t other companies.

I'd also like to remind you that we haven't yet tried another option: namely having you take over the condo finances for a t i m e period. (this was supposed to be a rotating post anyway). Natalya and I will be happy to help you i f needed.

Please think about it,

Boris

June 16, 2014: I emailed Christine at 7:34 pm telling her we needed a vote to raise condo fees and paint. I also said that if she and Boris wanted to pay for an audit I would not participate in the cost. Later that evening, Christine met with Susan and stated that Boris had agreed to haveher manage the association in exchange for his vote to increase the condo fees and paint the building. Susan gave Christine the checkbook and all related documents so that the association could finally move forward in maintaining the property.

At this point, Boris was no longer involving Susan in conversations with Christine. Boris and Christine had met privately and decided that Christine should take over the association records, checkbook and management.

June 26, 2014:

W. T. Phelan Insurance company informs the Association that we are underinsured at a replacement cost was $348. per foot.

June 27, 2014:

After several communications with Christine requesting Boris’ assenting vote, Susan realized that Christine had lied about Boris agreeing to increase the condo fees and paint the building, and she believed Susan was misappropriating funds, even though there was no evidence of this. All maintenance was under Christine and Boris’ control and nothing was happening.

Oct. 1, 2014:

Susan opened a bank account to put all Condo and Reserve association fees into an escrow account to address repairs and maintenance. The association had over $1200 in the operating account. The only way to get the property maintained was to pay directly for the repairs and maintenance. There was no response or evidence that unit 1 and 3 were progressing toward a vote and resolution for the association to address the required maintenance issues.

Oct. 15, 2014:

Susan informed Boris and Christine that the emergency stop safety release was not working at the automatic garage door. On October 16^th, Christine emailed” The association will not pay for any work until you explain the status of your condo fees.” The garage door never got fixed.

October 16, 2014: Email from Christine – “The Association will not pay for any work until you explain the status of your condo fees.”

-------- 2015 --------

Boris and Christine voted to hire a lawyer to collect the condo fees from Susan on February 20, 2015.

February 11, 2015:

Request from Unit 2 to see tax return, bank reconciliation, and cash flow from the year ended 2014. Request that Unit 1 manage the association as Unit 1 is in control of the books and records. No response.

February 15, 2015:

A formal vote was taken to collect condo fees from Unit 2. No action taken

February 15, 2015:

A formal vote was taken to collect condo fees from Unit 2, then as 5 months, since October 2014.

Unit #2 obstained from voting.

February 20, 2015:

Boris and Christine voted to hire a lawyer to collect the condo fees from Susan on February 20, 2015.

March 7, 2015:

The smoke detectors were going off in Unit 3. This has been an ongoing problem. Unit 3 has disabled these alarms in the past because he had no ladder to reach the alarms to install new batteries. His solution was to disable the alarms putting all at risk.

May 1, 2015:

Susan was having a birthday party with 25 people at her home. Unit 1 (Christine) turned off the water to the building without notice twice that evening because her plumber could not come back. It was turned off most of that day and evening. Unit 1 exercised unilateral power over the other units without concern for the disruption. Unit 1 was informed that 24 hours’ notice is required to shut off a public utility. The incident caused an embarrassing issue for one of the guests using the bathroom in Unit 2.

May 22, 2015:

Merrill & McGeary, Attorneys at Law, 100 State Street, Suite 200, Boston, MA notified Susan of their collection process for fees from October 2014 through May 2015 for $2,840.

The letter of May 22^nd was signed by Cameron S. Merrill however, he was unavailable to talk with Susan. Ryan Severance a young lawyer in the firm conversed with Susan telling her to explain it all in depth. Susan wrote a long letter about issues needing resolution at 431 Putnam Avenue dated June 1, 2015 as Ryan had directed.

May 27, 2015:

Susan was finally provided the year- end financial recap for 2014. Christine had been advised by her attorney to share with me.

June 1, 2015: Email to Ryan Severance regarding issues needing attention:

May 15, 2016 - Susan again request to see the financial records of the association. On May 18^th Boris sends a list of checks written by Natalya from September 25, 2015.

Request to see financial records is documented in emails sent:

February 11, 2015, May 15, 2016, May 19, 2016 and May 21, 2016

May 16, 2016 - email ignoring painting the building and landscaping. Rafiq and Shams want their fence fixed. The fence abutting Susan's property is not repaired.

May 19, 2016 - email to Boris requesting to review all condo association data.

May 20, 2016 - Boris reports that the savings account for the association holds $13,700. This seems low to me however, I have no access to the records to find the problem.

July 5, 2016 - email to Boris and Rafiq requesting maintenance be performed; leak, fence etc. July 7, 2016 - email from Susan requesting treatment of trees and landscaping for disease.

Requesting access to water lines that are blocked by cabinetry to effect treatment. No response

The cost of treatment was paid from Susan's escrow account for 431 Putnam

July 12, 2016- My bank statement ended up in Boris's mail box. The envelope had been steamed open by the time he got it back to me. This was not the first time he had opened my mail.

September 25, 2016- Boris sends email stating that Susan has not paid condo fees.

February 10, 2017 - Boris decides to charge a $25.00 per month fine for not putting condo fees in the bank account he controls. Susan responds with a promise of 93A litigation Nothing occurs after this.

************ End of Letter to Ryan Severance ************

The letter and promises made by Ryan Severance were ignored by the law firm. Ryan Severance stopped answering my telephone calls.

June 1, 2015: The six page letter sent to Daniel W. and Carol Dobberpuhl tells all of the reasons why I didn’t pay my condo fees to the Association. This letter became a trigger that set off the sale of Unit 1 on August 13, 2015. View letter

July 16, 2015: Discovery of Bank Fraud View notes

July 27, 2015: Email exchange between Susan and Christine regarding Association View emails

July 29, 2015: Rafiq Sr. And Shams Karimi borrow $1,000,000, 20- year mortgage from Leader Bank, Needham, Shams- 50 years old, pharmacist

July 31, 2015:

A scary letter was sent from Cameron S. Merrill stating that he would mediate a meeting and all costs would be assessed to Susan. I stopped paying condo fees to get third party involvement and none was forthcoming.

August 4, 2015:

No meeting took place. Susan paid legal fees and all outstanding condo fees on with a $3,498 check to the association. Legal fees of $754.08. to legal firm Merrill and McCreary

August 13, 2015:

On August 13, 2015, Christine put her unit on the market underpriced at $1,200,000 (MLS #71888818). The offer was accepted for $1,250,000 on August 14^th with no other viewings because the only open house was cancelled. I even had customers at that price. Christine left without contributing for the painting and other repairs that occurred and that she had written about.

August 21, 2015:

Boris had my name and signatory power removed from both the association reserve and checking accounts at Santander Bank. When I asked to see the bank balance I was told that I was not authorized. Boris added Natalya’’ signature to both bank accounts. Now, only he and his wife are authorized signatories. Susan began a query with Santandar Bank customer relations manager Andrian Pizzuto, case #727514. No response from Boris to the bank, so no resolution.

September 25, 2015:

I was under the impression that in a 3-unit association 2 out of the 3 trustees were required to sign. I never saw the 6D Certificate because Boris alone signed it on September 25, 2015. I was under the impression that in a 3-unit association 2 out of the 3 trustees were required to sign. I had no voice in the process again.

September 29, 2015:

Rafiq and Shams Karimi moved in on September 29, 2015 after many private conversations with Boris. They were aware of the lack of harmony in the association and stated that they did not wish to be involved. Immediately after their arrival I complained about the noxious odors coming from their unit from the lack of proper venting of their microwave and range. Shams ignored the problem, and continued cooking without venting. As a broker, I am acutely aware of the odors from curries, lentils and other Indian spices causing significant problems for condo and apartment occupants.

October 20 2015 - Light bulb burned out in entry to garage.

November 11, 2015:

Susan requested a meeting to deal with the liability issues and the problems associated with not maintaining the property. It was dirty, the leaves were not raked and the sidewalk was full of slippery wet leaves. The garage light bulbs had burned out and the fence had collapsed. The front entry repairs had not been made from the break-in at Christine’s unit in February 2012.

View email

Response from Boris:

Nov 11, 2015, at 9:57 PM, Boris Katz <boris@csail.mit.edu>

Thank you, Susan, for your email. I hope it will eventually lead to an increased level of cooperation in our condo association .

We do have a problem addressing any improvement in our building due to the fact that you pay your condo fees very sporadically. As you know, first you haven't paid your condo fees for 11 months (!): from October 2014 through August 2015 . Only after Christine hired an attorney, and after you received several letters from the attorney, did you write a check reimbursing our condo association. Then you stopped paying your condo fees again. At this point, you owe the association fees for September 2015 and November 2015. As you can imagine, it is very difficult to provide an appropriate upkeep of our property with only 2 out of 3 owners contributing.

Please you're your condo fees

Boris

November 12, 2015: Email from Boris regarding Fees

November 21, 2015: Note from Shams to postpone the meeting until after the Holidays!!!! WE had planned for this meeting for a long time. Shams did not attempt to contactme until February

November 30, 2015:

Susan replaced a faulty combo alarm detector in the common front entry and the garage light bulbs then gave the invoice to Boris to be repaid. The charge was $58.41 plus a charge of $5.00 for time and mileage. Boris had written the checks on January 22, 2016, but didn’t deliver that check until the meeting on March 5, 2016.

December 5, 2015:

The frustration of not being able to schedule a meeting prompted Susan to hand deliver to Shams Karimi a packet containing:

a) Maintenance Requirements at 431 Putnam Ave Condo Association

b) Year End Financial Recaps from 2006 – 2014

c) Email from Christine Dobberpuhl

d) July 8, 2008 Issues at 431 Putnam Ave.

e) Police report from July 10, 2008

f) Current conditions statement March 8, 2014

g) June 26^th 2014 letter from W. T. Phelan Insurance

h) June 1, 2015 – letter from Susan to Merrill McGeary (pages 1 – 10)

Dec. 21, 2015:

The smell of burned electric wiring in the front foyer was disarming. Boris had put in an oversized lamp which was overheating the ceiling fixture and fraying the wires. Boris ignored the odor. Rafiq said he had no sense of smell so he didn’t know. Susan called in John Zullo Jr. to fix it immediately. Later, she again requested reimbursement. See letter dated December 23, 2015, when Susan again requested a condo meeting.

December 23, 2015:

Memo to 431 Putnam Ave. Condominium Association

Two days past, I confronted Boris in the front foyer asking if he had replaced the light bulbs in the overhead fixture in the front entry foyer. He said he was responsible for replacing the light bulbs.

I told him they were oversized for the light fixture. The odor of burned electric wiring continues in the front foyer and the feeling of being in an interrogation also exists. A fire caused by this issue would be very difficult to explain to our insurance company. I see a problem here which all of you continue to ignore.

I depart in early January. I want a meeting before my departure.

I want this electric issue addressed in the next 24 hours. Boris, you are present and this is my

2nd notification. As I said two days ago, FIX IT!!!

Susan

-------- 2016 --------

January 25 2016:

Susan emails again summarizing the issues and requesting a condo meeting. On February 7, 2016, Susan emailed to Rafiq and Shams, adding to the list they created that spells out what should be addressed at the first meeting of the new condo association. See Exhibit EE (hi everybody)

February 6, 2016: email from Shams Karimi setting up for a condo meeting

February 7: The intercom must be replaced now! See Letter to Rafiq Maintenance

March 5, 2016: This is the meeting postponed from November

The meeting did not produce executable results – Boris planned to leave in less than an hour. At this meeting, Boris again accused Susan of misappropriation of funds. All supposedly agreed to paint the building. All requested that Boris provide a copy of the general liability insurance policy (not provided without repeated requests until April 9^th 2016). Susan requested to see the financial records from 2014 and 2015 and an idea of what cash was on hand. Boris has yet to provide any books of original entry or copies of tax returns and annual financial recaps.

1. Cooking Odors from Unit 1 require proper ventilation

2. Fence repairs needed

3. Ceiling at rear porch was illegally installed

4. Fence insurance claim needed

March 14, 2016: Meeting notes from Shams. I am uncomfortable with the notes of the meeting.

March 30, 2016:

Neighbor emails all about the fallen fence. Boris responds to the abutter immediately as he is an MIT alumni. The abutter wants to know what we will do about the fallen fence. Boris reacts without consulting the other Trustees, committing funds and removing the fence immediately leaving the yard exposed to the neighborhood. Boris told the abutter the work would be done in April……

April 10, 2016: Fence vote

Quote from John Zullo Jr. to replace fence abutting units 1 and 3 only, no repairs were to be done to unit 2’s fence. This cost would be in excess of $2,000. Rafiq and Shams were committed to getting a new fence too. They chose a fence that is different from the original and does not match the existing fence. Additionally, they did not invite me to the vote.

April 11, 2016:

Susan emails to the association to address the current issues, and that the fence repair must be looked at in the context of a needed capital improvement plan. No response

April 11, 2016: Susan emails to the association to address the current issues

From: Re-sourcelnc Account susan@re-sourceinc.com

Subject: Re: fence repair at Putnam Ave

Date· April 11, 2016 at 6:34 AM

To Boris & Natalya Katz boris@csall mit.edu, Rafiq & Shams Karmini ral iqsr2@gmail.com Cc: Susan Schlossberg susan@re-sourceinc.com

Boris,

If we are to address the exterior issues then we must do it with a plan to maximize the capital improvements.

How the fence is addressed as a whole is as important as the emergency situation we find ourselves in, exposing our neighbors to our inability to maintain our property.

When the panels are replacesd we need to paint the fence to maintain a unified look to the yard. I will not agree to have any panels installed without addressing the fence as a whole, not just the broken pieces. I do not condone that the panel replaced in your yard has not been preserved with anything to protect it from weather, as is true of all the other panels. This fence must be treated and restored to its appearance when we originally purchased, caps replaced, footings improved, panels securely fastened, and, finally painted.

On the subject of paint. I grow weary waiting for your estimate of painting this entire property. It must be scheduled and executed this year. There is evidence of buckling, cracking and at my rear deck, the exposed wood will become costly to repair, similar to why we paid excessively to repair the front porches. We need to schedule this immediately with a reputable firm who has worked in this area at similarly detailed homes that we can inquire about past contracts. If you don't have an estimate yet, how reputable could they be?

The front of our property is not satisfactory. Replace the plants that have died or are dying and fill the pots with something lovely. I am uncomfortable with our appearance and need it to be addressed .

Repairing the fence fails to attend to the bigger issue.

I want an agreement on maintenance before I weigh in on this. Dates when things will be accomplished must be part of this agreement.

Susan

Requests to see financial records is documented in emails sent February 11, 2015, May 15, 2016, May 19, 2016 and May 21, 2016

April 15, 2016

From: Re-sourcelnc Account susan@re-sourceinc.com

Subject: 431 Putnam Ave.

Date: April 15, 2016 at 6:05 AM

To. Boris & Natalya Katz Boris@csail.mit.edu , Rafiq Sr. and Shams Karimi rafiqsr2@gmail.com Cc: Susan Schlossberg susan@re-sourceinc.com

Boris,

Obviously the maintenance here is a significant problem for you to keep up with.

The front entry at the mailboxes needs to be addressed. I have come home for several night to a dark hallway where I am fumbling to find the key hole. When entering at night I want immediate access to a safe space. This needs to be fixed immediately.

The light fixture emitted an electric odor last week and this week it is not functioning at all. An electrician should determine if it should be replaced. Action needs to be taken immediately as this is a situation where the association could be sued should someone get hurt.

The intercom system is failing as the voice transfer is too muffled to communicate. I do not want visitors standing in the foyer trying to find the intercom and then falling as they enter our building. It probably needs to be replaced with a better device.

Our insurance is inadequate leaving us exposed to many threats.

I have not received an answer from my last communication regarding the fence. Please do not ignore this communication.

Susan

April 15, 2016:

email to Boris from Susan asking for maintenance of serious safety issues. The intercom remained broken and the lights were out in the common front entry, again. An insulting email from Boris on April 18^th was sent accusing Susan of taking the insurance bill. This prompted Susan asking for the financial records again…

April 16, 2016:

Subject: Re: fence repair at Putnam Ave From: boris@csail.mit.edu

Date: Sat, 16 Api: 2016 14:01:49 -0400

CC: rafiqsr2@gmail.com; shams_karimi@hotmail.com; natalya@ascent.com; boris@csail.mit.edu

To: susan@ re-sourceinc.com

Dear neighbors,

We need to make a decision about repairing our fence.

As you all know, the fence is more than 10 years old and is not in good shape. The biggest problem has to do with the posts, which over the years got rotted in the moist ground. Since it is impossible to treat and paint the underground part of the posts, treating and painting the top of this old fence will do nothing to alleviate the problem, and will just be a waste of money.

Repairing our fence based on John's estimate will hopefully give us a few more years, after which we'll have to eventually get a new fence.

I therefore would like to ask every unit to vote on repairing the fence based on John's estimate.

Looking forward to your responses. Best regards,

Boris

April 19, 2016: Morningstar proposal had been sent to Boris in August of 2013

View Morning Star Proposal

From: Re-sourcelnc Account susan@re-sourceinc.com

Subject: Morningstar Painting Company references Date: April 19, 2016 at 5:59 AM

To: Rafiq Sr. and Shams Karimi rafiqsr2@gmail.com , Boris & Natalya Katz Bons@csail.mitedu Cc: Susan Schlossberg susan@re-sourceinc.com

Good morning Rafiq, Shams, Natalya and Boris,

Attached please find the list of houses compiled by Gefeson of Morningstar Painting. All of these properties are within walking distance (only a few blocks) of our property. Please peruse these properties before April 25th to see the quality of work. These are our neighbors who have occupied their properties for a very long time so they can attest to the workmanship.

A decision to paint this building and get scheduled needs to be made before May,........ two weeks.

The weather is great. Go for a stroll and see what we could look like. While out there, check out landscaping to determine what plants are desirable in the four front planters.

Please get back to me at your earliest convenience.

Thank you,

Susan

Requests to see financial records is documented in emails sent February 11, 2015, May 15, 2016, May 19, 2016 and May 21, 2016

May 5, 2016: Email from Shams regarding insurance fees View email

May 16, 2016:

Rafiq and Shams are cooking with a faulty vent and continue to ignore my requests to have it repaired.

May 19, 2016: Email from Susan

Boris,

I again request to see the f inancial records.

I want to take into account other necessary expenses and capital improvements in all area of maintenance and capital reserve issues. We cannot do this in a piecemeal fashion.

Please provide the paid bills folder, disbursements journals and checks written per the bank statements during the past 3 years. After the appropriate analysis, I will assist in determining how high to raise the condo fees. Please review the master deed and trust. I am a Trustee and have rights to all association data.

May 19, 2016: Email from Susan

Boris

I said the disbursement journals. This journal is a recreation of the original. This summary document of the operating account is not what I asked for. This is of no use without the context of bank statements, cash receipts, paid bills and what is happening in the reserve account at the same time. You act as if the reserve account doesn't exist.

I want to see the paid bills, disbursement journal s for both the operating and reserve accounts (original entries) and the bank statements from Christines' management in 2013 to the present.

I provided the paid bills for 2012 and year to date for 2013 to Christine when I agreed to give her the checkbook in exchange for your agreement to immediately painting the building and raising the condo fees. You took the 2006 paid bills and never copied them to return to the association. Please provide the 2006 paid bill folder as given to you. There is a contact in there that I need to get in touch with.

All documents need to be included simultaneously. Please provide all documents requested at your earliest convenience. Please provide the original documents.

Susan

May 21, 2016 Email from Susan:

Boris,

The withdrawal from the Reserve Account had nothing to do with the amount of cash needed in the Operating Account. I will prove this to you when you provide me with the Books of Original Entry and other items previously requested.

Boris, I am running out of patience in the lack of management, repairs, financial reporting and controls exhibited since you took the checkbook and financial information of the association.

There was no vote and there never was a plan for you to manage this property. Immediate action to address the issues I am concerned about is required.

Should I need an attorney to receive the documents requested, I will hold the association liable for all costs. Should I need an attorney to restore my quality of life here, I will hold the association liable for all costs.

Susan

May 23, 2016: Intercom not working. Lots not working

June 1, 2016: Issues Need Resolution View issues

June 1 - 30, 2016: Conversations via text messaging with Rafiq regarding improper ventilation and cooking odors. I am very uncomfortable. Issues needing resolution are not being addressed by Boris and Rafiq.

June 1 2016: Jim Abram advised Rafiq of a code violations when he visited Unit1 and noted the code violation in his kitchen venting system. View Mr. Abram's written notes

June 6, 2016: Susan met with Carlos Bryant at Santander Bank. Boris would not respond regarding my inability to view the 431 Putnam Ave. accounts.

June 25, 2016:

Rafiq – He backed out of the agreement we made about bushes to be replaced along the driveway and about the spraying of the trees around the property.

See extensive texting notes from 6/25/ to 7/26.

July 5, 2016: Boris is leaking again

Subject: maintnance

Date: July 5, 2016 at 10:19:49 AM EDT

To: Boris & Natalya Katz <Boris@csa1l.mit . edu>, "Rafiq Sr. and Shams Karimi" <rafiqsr2@gmail.com >

Cc: Susan Schlossberg <susan@re-source1nc. com> To 431 Putnam Avenue Trustees,

I have reported leaks in the past with no action taken.

For the record, this new leak is at a very expensive section of our front porch. It has caused structural damage in the past and was repaired during our occupancy.

Rafiq, when you exit the front door, look to the right pillar near the driveway. The rail is currently broken and a safety hazard, and the top of the pillar shows water exiting through the seams.

Rafiq, There is ivy growing up your side of the fence in the rear. This weakens the already weak fence. The ivy should be removed from both sides to make the fence last as long as possible.

Isee no advancement in maintaining this property by either of you. Please confer as to how you will proceed to rectify this situation.

Susan

July 5, 2016: Susan met with Melinda Lawton and discovered that she no longer had access to bank accounts. Boris had no authority and no vote to do this. This is the date Susan opened her escrow account. Susan opened a case with the Consumer Financial Protection Division in Reagan. Case#160705-00569. To date, Boris can't be reached to settle the dispute. Susan re-opened the escrow account for 431 Putnam Condo Association. To date all condo fees have been deposited into this account.

July 7, 2016:

Susan requested treatment of trees and landscaping for suppression of insects and disease. The water lines blocked by Boris’ garage cabinetry blocked access to the closed water shut off valve. The plants nearby and the back yard had no water. All planting and grass were dying or already dead. No response.

Boris refused to pay for the cost of treatment to the trees and shrubs owned by the association. It was paid from Susan’s escrow account for 431 Putnam Ave condo fees. After this, Susan started making needed repairs to the property.

July 12, 2016:

My bank statement ended up in Boris’s mail box. The envelope had been steamed open by the time he got it back to me. This was not the first time he had opened my mail.

July 21, 2016:

To: Boris & Natalya Katz Boris@csail.mit.edu, Rafiq & Shams Karmini rafiqsr2@gmail.com Cc: Susan Schlossberg resourcesusan@gmail.com

Rafiq and Boris,

The trees and shrubs were treated for suppression of insect pests and deep root fertilizing today.

Rafiq and Boris, it will help to maintain our appearance if you water both your yards and the common areas. I again request a schedule or a watering system .

Boris, I need a check, payable to Arborway Tree Care in the amount of $486.00 deposited into my mail box within the next few days. I will be leaving for vacation and I want to take care of this before I depart. Rafiq, Could you please assist in getting this payment to me.

The last reimbursement took way too long for Boris to process. It was issued in January and not delivered to me until the end of March for Fall 2015 expense.

Susan

July 24, 2016:

Boris refused to respond to Santandar Bank regarding the removal of my signatory power. I again demanded a perusal of the books.

August 1, 2016: Odors

Rafiq and Shams continue after repeated requests that the venting the kitchen is broken.

September 4, 2016:

Rafiq continues to leave the front door open for in quests because the intercom in broken. I have had multiple requests to have it repaired.

September 25, 2016: Boris requests $964 in condo fees

Year End 2016:

The following expenditures were disbursed from Susan’s escrow account:

• Arborway $648.00

• John Zullo Jr. sill repair and paint $1,535.82

• Total expenditures $2,183.82

• Total condo fees collected $1,908.00

Susan prepaid Jan. 2017 to cover all costs.

-------- 2017 --------

January 1, 2017:

Susan only had $42.18 in the escrow account. The curb appeal to the property was pretty shabby. Susan was determined to address the landscaping has her office was now home based and clients were going to visit.

February 10, 2017:

Boris decides to charge a $25.00 per month fine for not putting condo fees in the bank account he controls. He said the condo association instituted a new policy regarding delinquent accounts. It was signed by the trustees, all four of them. No vote was taken. Susan responded with a promise of 93A litigation if further harassment occurred.

April 10: Susan writes to the Association regarding Issues needing resolution View letter

May 2017:

There was enough in the escrow account to buy new plants for the driveway and front entry to the building and for a suitable watering system. John Zullo Jr. planted and the total cost was $1,078.40. In May, light bulbs were purchased for the garage and front entry ($35.05).

June 18, 2017: View invoice from plumber

June 18, 2017: The two outside faucets were replaced to allow watering in the back yard. In July, the rails at my back porch required a lot of labor before paint could be applied, at a cost of $850.00. The front yard was reseeded several times costing $75.

September 4, 2017:

Susan saw Rafiq at the front entry and once again reiterated that the intercom must be repaired. It continues to be a security problem. The only way to fix the intercom is to replace it requiring access to all units. Boris won’t allow access.

The general liability insurance policy for the association states the limit of insurance on the property is $2,402,116. We are underinsured.

September 9, 2017: Susan again sent a letter to the Association regarding issues which need attention View letter

Vermont Mutual Insurance Co. sent their inspector, Sylvester (Northern Security Insurance Co.) to peruse the property. Susan gave Sylvester a copy of the April 10, 2017 updated timeline showing issues needing resolution.

October 4, 2017: Water shut-off by Boris with only one-half hour notice at 10:01 AM

November 2, 2017: V.T. Phelan Insurance Loss Control Recommendations View notice

November 7, 2017:

A final plea to Rafiq and Shams to assist in addressing the problems in the building. View email No reply…

December 15, 2017:

Introduction package delivered to Conrad Bletzer. This contained issues leading to the decision to litigate (timeline, June 1st letter to Brian Severence, Unit 1 issues, Unit 3 issues, bank activity 2006 to 2015)

Major summary work presented to Conrad encompassing all activity from Feb 2006 to Dec. 2017 -- -- -- Make sure to review binder.

December 21, 2017: Text message to Rafiq and Shams: Fix your ventillation

-------- 2018 --------

January 5, 2018: Email to Susan from Nancy Theriault of W. T. Phelan Insurance requesting the status of the loss control recommendations with Vermont Mutual Insurance. She also stated that Vermont Mutual would be looking for compliance updates before the renewal in June 5, 2018.

Nancy's Email:

The insurance agency for the association, W. T. Phelan, sent notice to address condo association issues. We were told to forward written confirmation by January 2, 2018 regarding steps taken toward addressing the following items:

1. Tree limbs overhanging the roof *SEE JUNE 20 BELOW

2. Unit 1 to remove the unneeded items in the garage providing a three-foot minimum clearance around the electrical panels to allow access.

3. A licensed and insured contractor should be retained to scrape, repair and paint the exterior of the building.

Loss prevention surveys are conducted by companies to determine whether risks meet minimum underwriting requirements. Please forward your written confirmation to W.T. Phelan by 1/2/2018 with the steps taken toward these items so we may can update your carrier.

If you have any questions, please do not hesitate to contact our office. Many thanks,

Nancy Theriault

January 5, 2018: Compliance update & Email response from Susan to Nancy:

Nancy,

I leave for Savannah on Monday.

I will be with my mother for two weeks.

I cannnot get a response from the other unit owners. They have been notified twice.

What are next steps?

Should I get an attorney to assist me?

Thanks for your advice …

Susan

January 11, 2018: email from Boris Katz – pay condo fees of $6,352. No projects without approval.

View

January 22, 2018:

Meeting with Conrad Bletzer – “ It will never be mentally ideal for me”.

February 21, 2018: Back & Forth with Nancy

Email form Nancy Theriault, requesting an update about compliance as previously requested. I emailed that I called a meeting of the Trustees for March 1, at 3:00pm. No Trustees responded or attended. View emails

Feb. 22, 2018: Letter from Susan to Trustees re: insurance compliance, communication, and financial and property management.

February 22, 2018

To: Trustees 431 Putnam Avenue Condominium Association

From: Susan Schlossberg,Trustee

Re: Meeting of Trustees

Boris and Rafiq,

Our general liability insurance company has both written and talked with me about the status of addressing the issues previously distributed to the association on November 2nd 2017. We must address these issues:

1. Scrape, repair and repaint the exterior of the building

2. Remove all combustible and unneeded items from the garage, including providing a three- foot minimum clearance of items around the electrical panels

3. Cut back tree limbs overhanging the roof to provide 36" clearance to the building

The insurance company is requesting an answer. If we do not comply with their recommendations our insurance will not be renewed. If our insurance is not renewed our mortgages will become payable in full as our banks will no longer have the security promised by each of the borrowers.

We need a procedure to communicate with each other and outside contractors to perform repairs and maintenance in an ongoing fluid process. Contractors must be paid at the completion of their work and cannot be expected to wait two or three months to receive payment.

We need financial and property management to address the insurance companies issues as well as the following:

1. Annual servicing of the garage automatic lift

2. Annual cleaning of the roof, gutters and downspouts and garage floor

3. Annual coating of the rear staircase wall at the garage level

4. Monthly cleaning of front and rear entries and drainage grates to the garage

5. The fence abutting unit 2 and 3's back yard remains in disrepair and needs to repaired. The black rails surrounding the front walkways are rusting and require repair and paint. The rails and the fence have not been coated during the past

10 years. The association paid $1600. to repair unit 3's fence, but it will be dried out and twisted if it is not coated with a sealant, as will the entire fence if not coated.

6. Paint lines on the garage floor that correctly distinguish common areas from exclusive use areas, as dictated by the master deed and variances permitted.

7. We need to create a new budget and address our issues as soon as possible

8. We need enforcement of rules and regulations to maintain peaceful co-existence in our association.

Now is a good time to inform you both that I will be installing a security system for my unit within the next few days. I have repeatedly requested that the intercom/doorbell be repaired. There will be a camera and separate buzzer for unit 2 at the front foyer and two other locations will have security.

So, there is a lot to discuss. I am calling for a meeting of the Trustees as defined in Article Ill section 3.1of the Trust. Rafiq and Boris, I am happy to host this at my home in one week on March 1st at 3:00pm. If this is inconvenient for either of you, please get back to me at your earliest convenience.

Thank you,

Susan Schlossberg

February 27, 2018: Meeting of Trustees Susan was not invited. They refused to allow Susan to have a security system at the front door.

February 27, 2018: Email from Boris Katz requiring Susan to pay condo fees – no other actions allowed View email

From: Boris Katz <boris@csail.mit.edu>

Subject: Re: Meeting of Trustees at 431 Putnam Ave., Cambridge

Date: February 27, 2018 at 8:16:23 PM EST

To: Susan Schlossberg <susan@re-sourceinc.com>

Cc: Rafiq Karimi <rafiqsr2@gmail.com>, Conrad BLetzer <conrad@bletzerlaw.com>, Shams Karimi <shamsjrkarimi@gmail.com>, "Katz, Natalya" <natalya@ascent.com>, boris <boris@mit.edu>

To the Owner of Unit 2:

1. We agree with the sentiment expressed in your letter that we “need enforcement of rules and regulations to maintain peaceful co-existence in our association.” Note however that the most important rule of a condo association dictates that the condo fees are paid on time. Unfortunately, you don’t comply with this rule: you haven’t paid condo fees for about a year and a half, and, as of today, you owe the condo association $6,695. To refresh your memory, we are attaching a file detailing your unpaid fees and fines. We believe that your non-payment of condo fees is the only obstacle to proper maintenance of our building.

2. Regarding the insurance company request, please inform the person you are corresponding with that for the past 2 years, Unit 3 (Natalya Katz) has been responsible for condo finances, and ask that they address all their correspondence, including bills, to Natalya. This will ensure a timely reply.

3. Regarding the security system that you propose to install, please note that any work that involves any modification in the common areas of our building requires prior approval of the Condo association. We are dealing with serious privacy issues here, and the association needs detailed answers to a number of questions before giving approval: Will any videos of activity be recorded? Will these videos be stored? On which server? For how long will these videos be kept? What company will be doing the work? What are the locations of the cameras that you propose to install?

4. As for your intention to install a separate buzzer for unit 2, this will also require permission from the condo association, as the buzzer is located in the common area. In fact, we do not feel that a separate buzzer is warranted. The only reason the old buzzer is not repaired/replaced is the lack of funds in our association caused by your non-payment of condo fees.

We therefore strongly urge you to pay all fees that you owe to the condo association (see attachment), which will ensure proper maintenance of our building.

Signed by Trustees of 431 Putnam Ave Condo Association:

Boris Katz

Natalya Katz

Rafiq Karimi

Shams Karimi

March 1, 2018:

Memo regarding Litigation

Letter to Trustees

March 4, 2018: Letter to Trustees regarding installation of security system View letter

March 15, 2018: Major leak in back porch after 40inches of snow. Boris refused to shovel his deck. View Letter Letter Water Leak

March 15, 2008: Letter to Association regarding ceiling leak at rear porch. View letter

March 19, 2018:

Retainer of $10,000 and package containing the condo unit deed, Declaration of Homestead, Resource Realty Trust Declaration of Trust provided to Conrad Bletzer.

March 20, 2018:

Certified letter from Richard D. Vetstein, demanding $7,038. At this time, they were owed $2,250.73 which was in a separate bank account. All Trustees knew of the depository for unit 2.

Apr. 26, 2018:

Nancy Theriault emails regarding status of loss control report.

Apr. 27, 2018:

Susan met with Cambridge Water Dept. to install new meter.

May 17, 2018: Complaint Filed with Middlesex Superior Court (14 pages)

View complaint

May 25, 2018:

Email from Nancy Theriault stating the master condo insurance Policy has renewed. The new policy (June 5, 2018 to June 5, 2019) will cost a whopping $6298.00. due to non-compliance. The limit of insurance on the building is $2,498,201.

June 5, 2018: The costs of non-compliance:

• Insurance 2015 - cost $4,808.70

• Insurance 2016 - cost $5,041.10

• Insurance 2017 - cost $5,370.00

• Insurance 2018 - cost $6,047.00

• Insurance 2019 - cost S6,298.00

• Insurance 2020 - cost $6,615.00

• Insurance 2021 - cost 15,085.53

The pricing is increased by 12.5% due to outstanding loss control recommendations per Nancy Theriault email on Sept. 27, 2018

June 11, 2018:

Letter from Vetstein – Someone needs to restore order here….

June 12, 2018:

Vetstein emails Conrad the associations response to the complaint and says he will work on getting the financial information to us. View email

June 12, 2018: Susan responds to Vetstein (Susans words in orange)

June 20, 2018: email from Nancy Theriault regarding status of loss control report. Boris responds saying all is well. All combustible removed from the garage and hiring a contractor to address the exterior.

June 20, 2018: Back on November 2,2017 the Insurance Co. inspected. Boris is responding to the issues discovered by the inspector. He was asked on January 2, 2018 to send written confirmation how these issues were to be addressed.

From: Boris Katz

Sent: Wednesday, June 20, 2018 1:24 PM

To: Nancy Theriault

Cc: shams karimi; Rafiq Karimi; Susan Schlossberg; natalya

Subject: Re: 431 Putnam Avenue Condominium - Policy #: BP28006347 - Loss Control Recommendations- Location(s): 431 Putnam Avenue, Cambridge, MA

Importance: High

Hi Nancy,

Here’s how our condo association has been addressing your recommendations:

[Nancy’s Concern #1]

1. The tree limb overhanging the roof should be cut back to provide a minimum 36” clearance to the building to prevent damages. *SEE NOVEMBER 2 ABOVE

[Boris’ response]

This is done - the tree limbs had been cut back.

[Nancy’s Concern #2]

2. Housekeeping should be improved by removing all combustible and unneeded items from the basement. This should include providing a three-foot minimum clearance of items around electrical panels to allow access.

[Boris’ response]

This is done - all combustible items were removed and other items were moved to allow access to electric panels.

[Nancy’s Concern #3]

3. A licensed and insured contractor should be retained to scrape, repair and repaint the exterior of the building.

[Boris’ response]

After the winter weather improved, we engaged a contractor to do the repairs, but after a long delay, he told us that he will not be able to do the work. We are now in the process of engaging another contractor, who will carry out the repairs.

Best regards,

Boris

June 20, 2018: Reaction to Response to Complaint Facts from the Plaintiff perspective and evidence of proof View document (32 pages)

June 25, 2018:

Paid Joe Reutt for scanning and copying evidence and exhibits-$1,000. Conrad was returning from his son’s wedding this day and so the hard copy binder was hand delivered to Conrad’s office. Conrad was emailed all documents so that communication with Vetstein would be efficient. The association not responding.

June 26, 2018:

email from Susan to Conrad “I forgot to email you the documents so that you can edit all. I sent the exhibits last night in three different formats. Please let me know if you receive everything in readable and editable format. I am attaching them below: Susan

June 27, 2018:

Notified by Vetstein of $8,067 due to condo association from Susan. Actual amount owed $3,422.73 from escrowed funds. The 3-year end reports and 2018 year to date report is not sufficient to determine accounting activity. Conrad again requests all accounting from 2013 – 2018.

June 28, 2018:

Susan emails Alexandra Fraher at Bletzer & Bletzer that the financial information provided on June 27^th was inadequate and to get the details so that we can determine what is happening.

July 11, 2018:

John Zullo was paid from the escrow account $40.00 to replace the two, exterior hose guns. Paid on 8/5/2018.

September 13, 2018:

email from Conrad - Susan, I received these three documents but did not receive the exhibits electronically. Can you send me the exhibits electronically? Thanks, Conrad

September 15, 2018: Association Negotiations Prioritized by Importance

View Document

September 27, 2018: Email from Nancy Theriault regarding premiums

September 27 email from Nancy

From: Nancy Theriault <nancy.theriault@wtphelan.com>

Subject: 431 Putnam Avenue Condominium, BP28006347

Date: September 27, 2018 at 3:38:39 PM EDT

To: "susan@re-sourceinc.com" <susan@re-sourceinc.com>

Hi Susan,

Per your voice message, the 2017-2018 policy term annual premium was $5,370. The 2018-2019 policy term premium is $6,047. Pricing increased by 12.5% due to the outstanding loss control recommendations. As you are aware, I have requested an updated status from the association more than once and have had no response. Once all recommendations are completed and written confirmation is received the carrier will gladly review and advise if any adjustments will be made to the premium at next year’s renewal.

Best,

Nancy

Nancy Theriault

Account Manager

781-641-7238

WTPhelan.com

September 30, 2018:

Boris informs owners that he has hired Ariel Borrayo, a contractor to repair / replace siding and trim and touch up paint when in bad condition. Telling all owners of their special assessment, totaling $4,000. There is no way repairs could be done to this building for just $4,000. No vetting was performed on the contractor, consequently no references or worker’s compensation insurance. No direction was offered to Ariel and his 2 crew members. The price was too good to be taken seriously. They were dismissed the day they arrived. They unloaded many ladders to gain access to the roof per Boris’s instruction. Boris is self-serving and secretive.

From: Boris Katz <boris@csail.mit.edu>

Subject: repairs/painting of the exterior of 431 Putnam Avenue

Date: September 30, 2018 at 6:34:08 PM EDT

To: Shams Karimi <shamsjrkarimi@gmail.com>, Rafiq Karimi <rafiqsr2@gmail.com>, Susan Schlossberg <resourcesusan@gmail.com>

Cc: Boris Katz <boris@csail.mit.edu>

To owners of 431 Putnam Avenue condominium:

In order to respond to the request by our building’s insurance company, the condo association hired a contractor to perform the necessary repairs to the exterior of the building. The cost of repairs and painting is $4,000, according to the following quote from the contractor, Ariel Borrayo.

_________________________________________

The cost of fixing the siding and trim in your house:

The cost is $4,000.00

This cost includes labor and material to use and debris removal.

Description:

• Replace the siding when it is in bad condition

• scrape the spots where the old paint is peeled (put primer and paint of the same color of the house)

• replace the trim where it is in bad condition

• install new trim where needed

• prime and paint (the same color of the house)

----------------------------------------------------------------------

The work will begin in 2 weeks.

There is little money in the condo association's checking and savings accounts; therefore, we will have to do an assessment to pay for the repairs. Please leave checks (written to the condo association) in the mailbox of Unit 3 according to the following breakdown for payment per unit:

Unit 1 (30%) = $1,200.00

Unit 2 (30.7%) = $1,228.00

Unit 3 (39.3%) = $1,572.00

_______________________

Total = $4,000.00

Thank you.

Boris

October 1, 2018:

Shams Karimi responds to Boris “Thanks Boris, I will put the check in your mailbox today.”

October 1, 2018:

Letter from Susan to Conrad Bletzer detailing reasons why Ariel Borrayo should not work at 431 Putnam Ave.

From: Susan Schlossberg <resourcesusan@gmail.com>

Subject: Fwd: repairs/painting of the exterior of 431 Putnam Avenue

Date: October 1, 2018 at 6:23:29 AM EDT

To: Conrad BLetzer <conrad@bletzerlaw.com>

Cc: Susan Schlossberg <resourcesusan@gmail.com>

October 1, 2018

Good Morning Conrad,

Having had time to think about this, I wonder if Boris is incapable of understanding the issues in our complaint.

He chooses to interpret differently from common sense and the intent of the master insurance companies request regarding how to address the entire building.

Per the insurance company A licensed and insured contractor should be retained to scrape, repair and repaint the exterior of the building”, November 2, 2017. The premium has increased as a penalty for not performing by $700 for 2017 and I think more for 2018.

He again chooses to hire an unknown contractor who provides a cheaper than anyone else quote. The last quote, acceptable to unit one and two, for just painting the building was for $27,450. not including carpentry for cracked and rotted wood from August 2013.

There is now five years of additional damage from lack of maintenance. The cost will be more than ten times ($40,000) what Boris suggests, working with Ariel.

I am convinced that the roof problems were created by his HVAC contractor, and the customization of his unit caused significant damage to my unit. The damages to this building stop now. I have yet to be compensated for past damages.

The damages caused by not addressing the obvious need to scrape, repair and repaint the entire building are obvious to all, but Boris.

The hundred and twent -year old gutters, railings, decking, pillars, ceilings, siding and all trim, including the ribbon trim which is 40 feet up needs to be repaired. A lot of the damage is at the roof level requiring staging and very experienced carpentry addressing the round walls.

Let us address the following:

1. Who is Ariel Borrayo? - There is no address, telephone number, website or contact information.

2. Prioritizing the work to be done requires an inspector to peruse the building to determine which repairs are the most important to do prior to any exterior work be performed.

3. Several licensed professionals with crews of restoration and repair carpenters need to quote the cost to properly address the building.

4. No contractor should be allowed to start work without being vetted. Where are: certification from a licensing board, workers' compensation policy, references and locations where similar work has been performed locally?

5. Competing quotes should be submitted with specified (written by an inspector) work to be performed in detail similar to the Morning Star quote.

6. An agreement by all unit owners regarding the scope of work must occur prior to beginning work.

7. I want to see all correspondence with Ariel Borrayo from the 431 Putnam Ave, Assoc.

8. I want a professional management company to remove Boris from this process. This is a repeat of the past where Boris delays by creating his own interpretation of what is required to resolve the issue. This time the issue has been around for 5 years.

9. The capital reserve bank account has plenty of money to do a small repair like Boris suggests.

10. Regarding the $4,000 quote - How many man hours does this buy us, What is the hourly rate being charged for carpentry? painting?

11. How much will it cost to install the scaffolding?

12. When is estimated completion date? I do not want to live with staging over my windows for months.

13. The contractor cannot determine what is “bad condition”. The inspector should determine replacement or repair decisions.

14. All quotes should be prepared professionally on business letterhead. All contractors require references and insurance.

Conrad,

Professional management is required.

I want the books to prove my case about Boris being self- serving in all his decisions.

I do not want to be in continuous battle with this man.

Please pass this on to Attorney Vetstein.

Thanks,

Susan

October 2, 2018: Conrad Bletzer emails to Richard Vetstein View email

October 2, 2018:

Resending of documents to Conrad Bletzer that Joe Reutt had prepared for him by scanning all on June 22^nd, 23^rd and 24^th, 2018. We did not know until this day that Conrad was not able to open these documents sent to him along with the hard copies in the white binder.

On this day, Conrad received via email:

1. Table of Contents: 211 pages

2. Reaction – Plaintiff’s perspective

3. Response to Vetstein’s letter – 5 pages

4. Negotiations – Prioritized by importance – 5 pages

5. Letter regarding painting from Susan on 10/1/2018

Conrad did not respond to Vetstein’s June 12^th, 2018 ugly letter until this day, about three months later, because he could not open the documents. Conrad threatens court if we cannot get financials.

Conrad sent “Reaction to Response to Complaint Facts from the Plaintiff perspective along with the June 20^th, 2018 response to Vetstein’s letter, prepared by Susan (36 pages)

October 4, 2018:

Susan purchased a rake to replace ones that Rafiq had thrown away in the trash - $8.49

Oct. 5, 2018:

DeMeleo, Boris Katz’s HVAC contractor, is on the roof converses with Boris on the porch.

October 15, 2018:

Whoever was occupying unit 1 this evening decided they could not live without that rear light. There were winds over 50 miles per hour and the motion sensor was activated constantly. While trying to dismantle the light at 4:00am, it broke in my hands.

October 17, 2018:

Ariel Borrayo and crew are discovered at the front porch when Susan arrives home from the gym. Their appearance was remarkably un-kept. After informing Conrad, they packed up to leave. Boris was having car problems, so they waited for an hour to jump start his car. Boris is pictured in his car giving me the European hand gesture that means fuck you. View photo

October 23, 2018:

Karimi’s have still not replaced the lidless trash pail left behind by the previous owner, Christine in 2015. Pictures show rat activity in the common area

October 25, 2018:

email from Nancy Theriault regarding status of loss control report sent to all occupant emails. Nancy was still asking for an update on the outstanding loss control recommendations from November, 2017. No one responded that I know of.

October 25:

Conrad emails Vetstein again on October 26^th.

October 28, 2018:

Susan wrote to Conrad stating

“Friday evening I had a dinner party for several clients at my condo. One of my guests was entering the building at the same time that Boris was entering. Boris interrogated him about who he was seeing and why. My guest told me how he and Boris met. It occurs to me that Boris knows I am without the security of identifying who is at the door. He could tell by the appearance of my guest that he was not here to do harm. I consider this to be a form of harassment. My guests do not need to report to him…..

On a different front; How long are we giving Boris to provide the financial information requested?”

October 30, 2018:

Conrad says “Susan, I will reach out to their attorney tomorrow and find out what's going on with their reply. I think we should give them a bit more time and then insist or go to court. Thanks, Conrad

November 8, 2018:

Maintenance emergency. Email sent to Conrad. He never responded.

Nov. 9, 2018:

After bagging many leaves in the driveway, Susan paid Henry $20.00 to blow out the leaves from the front and side yard.

November 10, 2018:

Seeing Boris in the common front entrance gave me the opportunity to share with him that the light on my entry floor was broken. Boris repaired this himself within the hour. He knew exactly what was wrong as he is always tampering with these light.

November 28, 2018:

Someone stole the pin and clip that were attached to my bicycle rack mount for traveling with bikes attached to the car. I had the bike rack on my car only two days earlier.

December 31, 2018:

The year-end summary for the escrow account for 2018 included $3,500. in deposits.

Withdrawals for expenses were $168.49 for maintenance.

Cash in escrow account at the end of 2018 totaled $4,945.

View spreadsheet of accounts 2006 through 2018

-------- 2019 --------

January 2019: During the first week of January I had a stroke. I was in the hospital or rehabilitation from January 2019 to approximately March 2019. I was desperate to get a Knox Box because I was terribly vulnerable following my stroke.

January 10, 2019:

Nancy Theriault, from the insurance company asked the owners about what kind of progress has been made on the outstanding loss control recommendations. No reply was forwarded at this time.

January 10, 2019 Medical Record: Acute cerebrovascular accident (CVA Stroke) – You were admitted to Mount Auburn Hospital from 1/10/2019 after being found down in your home. You were found to have had a stroke on a CT scan of your brain as a result of a clot from newly discovered atrial fibrillation (or uncoordinated pumping of your heart that can lead to the formation of clots). You were found to have new heart failure (your heart having difficulty pumping blood and moving sluggishly) and some sensory deficits on the right side of your body. You were found to have elevated liver enzymes which we think is being caused by your heart failure at this time. You are also having difficulty with speech. You were evaluated by cardiology and neurology and received medications to slow your heart rate and medications to control your blood pressure, and aspirin. You were seen by the speech team, physical therapy, and occupational therapists. We trended your blood work and your symptoms having slowly been improving. When you were medically safe and you were feeling better, you were sent to rehab for further management of your symptoms.

Also Diagnosed:

· Congestive heart failure

· Benign essential hypertension

· Stress-induced cardiomyopathy (Takotsubo cardiomyopathy)

January 25, 2019 Medical Record: Ischemia – "presenting to Lahey Hospital on 1/25/19 with acute left lower extremity ischemia 2/2 femoral embolus now s/p embolectomies. Patient was in rehabilitation for her stroke when she developed sudden onset paresthesias of the LLE while walking, found to have absent femoral and peripheral pulses. CTA showed embolus with occlusion of the left common femoral, proximal profunda, and SFA. Repeat CT head in ED did not show worsening of previous infarction."

February 12, 2019:

Rafiq came to Spaulding Rehabilitation Center in Charlestown where I had spent several months. I pleaded with him to repair the intercom before I had to go home at the end of the month. He did nothing!!!

March 5, 2019:

I asked Conrad to get permission to install a Knox box in the front entry way so that emergency services can access my front door to avoid breaking my door in again. No response.

March 6, 2019:

Boris messages Robert Randall, the locksmiths. Boris asks Robert to analyze the wiring situation to determine if it is fixable. Boris says:

Dear Mr. Randall, Susan Schlossberg, the owner of 431 Putnam Ave, Unit 2, Cambridge, communicated with the Trustees of the 431 Putnam Ave Condo Association regarding her intention to install security cameras in common areas of 431 Putnam Ave. She also informed us that you will be doing the installation. The Trustees considered Susan Schlossberg's request and, after consulting with our attorney, decided to turn it down because we consider it an unreasonable invasion of our privacy. The Trustees are willing to revisit the issue of security cameras provided that certain conditions are met, in particular:

1. All three units agree on the locations of the cameras

2. All three units have access to the stored videos and live feed

At this time however we strongly urge you to refrain from doing any work related to the installation of security cameras in common areas of 431 Putnam Ave. Signed by Trustees of 431 Putnam Ave Condo Association.” The bill did not arrive until April 29.

March 12, 2019:

Boris messages Robert Randall, the locksmiths:

“Dear Mr. Randall,

The condo association therefore decided to turn down this request because we consider it an unreasonable invasion of our privacy. We strongly urge you to refrain from doing any work related to the installation of this device in common areas of 431 Putnam Ave.

As you know, our association is interested in replacing the current intercom, but we prefer to have an audio intercom, as originally requested by Unit 2. Please let us know if you are able to assist us with this request. Signed by the Trustees of 431 Putnam Ave. Condo Association:”

Conrad responds with an email. He pleads with attorney Vetstein to show his clients the necessity of current safety requirements. Conrad sends off another email on March 27^th having heard nothing from Vestein. On March 29^th Vestein responds.

Then I received a $300 charge from Randal for analysis of the system. This should be an Association repair, not one billed only to me. See below April 29.

March 25, 2019:

Nancy Theriault, from the insurance company asked “Hello All, Vermont Mutual is working on the renewal policy as it dates 6/5/2019. They are requesting an immediate response for an updated status on the painting loss control recommendation as this has been outstanding since 2017. If you do not reply by 3/27/19 there is a chance the carrier will issue a notice of Non-Renewal.”

March 26, 2019:

From: Boris Katz
Sent: Tuesday, March 26, 2019 7:52 PM
To: Nancy Theriault
Cc: Rafiq Karimi Boris Katz
Subject: Re: 431 Putnam Avenue Condominium - Policy #: BP28006347 - Loss Control Recommendations - Location(s): 431 Putnam Avenue, Cambridge, MA
Importance: High

Hi Nancy,

Due to unforeseen circumstances, we were unable to do the repairs before the weather turned bad. We engaged another contractor to do the repairs; the work will be done by May.

Best regards.

Boris Katz

Mar, 29, 2019:

Vetstein provides the product model for the intercom system that Boris requested. No supporting information regarding installation. No cost to be determined…

April 2, 2019:

I have prepared a letter that is signed by my primary care physician that was given to Conrad so we could prepare an emergency hearing in front of a judge.

April 3, 2019:

Conrad shares the dates that mediation can be scheduled beginning on April19^th. Vetstein would be talking to Boris to see how quickly the intercom system could be installed.

April 4, 2019:

Vetstein says that the Trustees have engaged a locksmith for the intercom system.

April 5, 2019 Medical Record: Atherosclerosis of native coronary artery of native heart without angina pectoris

Put in related medical info

April 16, 2019:

Vetstein provided a quote from Brookline Lock Company for $2,000 more than the quote I obtained. The contractor quoted for “rough plaster patching but not painted…” Boris wanted checks disbursed to the contractor before the estimate was completed. The contractors needed to survey each apartment. Their quote was for $6,421.19. There was no accompanying specifics.

April 23, 2019:

Conrad requests of Vetstein:

1. A little more time to receive the estimate from Boston Intercom Group

2. May we start mediation in May?

3. All records for the association – maintenance, financial, legal.

Vetstein writes “Once we have a firm date for mediation, I’m happy to provide whatever docs are available.” (another lie)

Conrad reiterated "provide me with the documents.”

April 26, 2019:

John Camargo, of Boston Intercom Group arrived at 431Putnam Ave on April 25, 2019. He submitted the estimate on April 26^th, 2019 for $4,415. Conrad emailed the estimate to Vetstein. Conrad again requested all records for the association: maintenance, financial, and legal.

April 29, 2019:

Robert Randall had been hired by Boris on March 5^th, 2019 to determine viability of existing intercom. Robert brought Peter here to be sure he provided the right information. Susan paid this bill from the escrowed funds $320.00 for this valuable trouble shooting team.

May 1, 2019: Boris speaks to Boston Intercom Group about the system and specifications.

May 5 ,2019: Susan sent check sent to Mass Dispute Resolution Services for $575. with a copy of the executed contract for mediation

May 20, 2019: Nancy Theriault write to the Association warning that we are under-insured.

May 22, 2019:

Conrad responds to Vetstein email of May 1, asking for the feedback from the other owner’s unit. There has been no communication from the association regarding the intercom system solution. Conrad again asks for the financial information of the association.

May 23, 2019:

On May 23^rd, Conrad tells me that the association is waiting for money from me to pay my share. There has been no communication to me from the association. I had always wanted to get an installation date prior to commitment. The contractor needed a site visit to each apartment to determine the final estimate. The contractor never called to see my apartment and I had not seen their full estimate. I have not received any information from the association regarding the replacement intercom system. Susan tells Conrad that there is no maintenance: no cleaning in over a year, no lighting in stairwells and many other safety issues. Susan responds to Conrad basically saying that enough is enough.

May 27, 2019:

Boris emails Vetstein the incomplete financials of the association, again.

• Missing statements Jan. 1, 2015 to June 30, 2019

• Missing statements Jan. 1.,2019 to May 31, 21019

• His math says that I owe the association $12,476.

This is harassment and fraud and is a repeated tact. I owe the association $6,532.47. All amounts have been accounted for annually to all owners. More lies…

May 27, 2019:

Susan emails Conrad Bletzer Requesting Information regarding financials:

View Boris’ email

I had been removed from the account in August! Unit 1 was left as a signer. She moved out in September

May 28, 2019:

Conrad Bletzer emailed Susan some financial information, but it was incomplete.

Susan then emailed to Conrad Bletzer:

Conrad, the email you just sent lacks:

1. Back side of checks disbursed it the bank statements through 2019 year to date.

2. Complete list of invoices of paid bills from 2015 - 2019.

3. All contracts accepted by Trustees, 2015 to current.

4. All meeting notifications, 2015 to current.

5. All votes of the association, 2015 to current.

6. All correspondence of the association, particularly with the insurance company.

7. Signatory cards of Santander Bank operating and reserve accounts.

8. Financial statements to conform to generally accepted accounting principles.

9. Missing bank statements from 1/1/2015 to Present – May 2019

10. Cash and check deposits and transfers for both the operating and reserve accounts.

11. All activity regarding the operating and reserve bank accounts from 1/1/2015 to present.

May 28, 2019: Susan wrote to all members requesting:

• Year-end financial statements provided to the Trustees of the Association.

• All correspondence regarding the Operating and Reserve bank accounts.

• Copy of Signatory Cards for the Operating and Reserve bank accounts.

• Bank Statements to include all the detail pages of check copies and deposits

• Provide the bank statement for years 2013 through 2018 all accounts

• Provide cash disbursements journals for years 2013 – 2018

• Provide paid bills for 2006, years 2013 – 2018

• Provide all contracts accepted years 2013 – 2018

• Provide all meeting notifications

• Provide all requests to vote

June 12, 2019: Financial spreadsheets

View Susan's Escrow Account Spreadsheet

View 2006-2018 Operating and Reserve Account Activity

June 13, 2019 Nancy Theriault wrote:

Hello All, Please advise on status of outstanding loss control recommendation.

Thank you.

Nancy

Nancy Theriault

Account Manager

781-641-7238

June 15, 2019:

Inspection Report by Abram & Co.

June 21, 2019:

Mediation at 60 State Street, Boston – Boris and gang ignored the mediator.

June 21, 2019: Email from Boris First example of insurance fraud which has continued to cost us in high insurance premiums and other problems to the present day

7:08 PM From: Boris Katz
To: Nancy Theriault
Cc Rafiq Karimi Boris Katz
Subject: Re: 431 Putnam Avenue Condominium - Policy #: BP28006347 - Loss Control Recommendations - Location(s): 431 Putnam Avenue, Cambridge, MA

Hi Nancy,

“We addressed all of your recommendations. In particular:

1. the tree limbs near the roof had been cut back.

2. all combustible items were removed from the basement, and other items were moved to allow access to electrical panels.

3. a licensed and insured contractor scraped, repaired, and repainted the issues with the exterior of the building which were indicated in your email and attachments.”

Thank you.

Boris

July 2, 2019 email from Nancy Theriault:

Hi Susan,

Per our conversation, here is the loss control email thread with the unit owners. On 6/21/19, Boris Katz confirmed all loss control recommendations have been completed and I forward his response to Vermont Mutual.

September 2019: Agreement after Mediation

Conrad and I sent an agreement after mediation to Boris and Rafiq. dated April 30. View Response from Boris & Rafiq to Susan's proposed agreement.

View agreement

November 5, 2019:

Vetstein sent an agreement that contains very little of what we had agreed to in mediation on June 21, 2019. Susan had put an agreement together that was sent to the association in September, 2019; however, as usual it was not answered or in any way addressed until November 6, 2019 when they sent an un-executed agreement that only agreed to 8 things.

November 9, 2019: It took the Association two months to respond to the agreement I sent. View response to proposed agreement

November 9, 2019: Quote from S+H

Boris receives a quote from S&H Construction, Inc. regarding 1^st floor railing replacement for $23,003. It is not acceptable. Boris accepts it without questioning the costs and asks for a special assessment of $7,062 from Unit 2 and $6,901 from Unit 1. Rafiq agrees.

FRAUD: Page 5 from the S+H quote, labeled "Exhibit C Limited Warranty was removed after S+H emailed it to Boris. View Exhibit C

November 14, 2019:

Boris emails (at 10:23 pm after I was asleep) asking for a check for $706.10 -- 10% deposit toward my share to pay S+H for Nov. 17, 2019. He said that he is accepting the estimate and signing the contract. View email from Boris and reply from Rafiq.

November 15, 2019: Boris signed the S+H contract agreement without ever discussing it with me.

November 18, 2019: Analysis of S+H proposal

Susan responds to the estimate in disbelief with a 3-page letter explaining why S&H was not the company we should be doing business with and that the price was out of line, and that a professional was warranted to do the right job.

November 19, 2019: Activities at Cambridge Inspectional Services by Ed Sullivan and/or Michael Segal on November 19, 2019 NOTE: All of these actions for permit were done on the same day. Found May 3 2023 at Camb Ins Serv.

· Time ? – Name and address given: “431 Putnam Ave. LLC., 3 Clinton St #2 Cambridge, MA 02139” They lied to Inspectional Services about the name and address of the association so that I would not receive notice of any of their activities -- Notices were all sent to the Clinton Street address which had been disolved when the condos were sold in 2006

· Time? – Ryan Hanslik Applicant – “Please upload pictures of the existing conditions and a Condo Trust Approval Letter.

· Time? – Michael Segal: “I have uploaded the approval letter that was e-mailed to me and 2 photos of existing conditions. Thank You Mike”

· 7:10 am – Issued Original Submission

· 10:17 am – Review for Completeness

· 10:37 am – Building Permit Fee paid in full for #61055

· 12.37 pm – completed Receipt of Building Permit Application

· 12:38 pm – Sisia Daglian, Assistant Commission asks – “new railings higher – in front setback?”

· 1:01 pm – Sean O’Grady says – “raising rail height (like porch enclosure in setback)”

· 1:01 pm – Zoning Plan Review Completed

· 10.52 pm – Building Inspector Plan Review Completed

· 10:52 pm – Building Permit No Dumpster Issued

November 21, 2019: Zoning Review Staff – Completed per Assignee, Sean O’Grady

November 21, 2019: Building Permit S+H

Michael Segal of S&H Construction received a Building Permit (#61055) to “Replace railings and 2 columns on 1^st floor front porch to existing dimensions. New railing will be 36 inches high.” He must have applied for this permit before any vote was taken. As previously stated, it did not conform with the condominium Master Deed and Trust. The letter accompanying the permit application stated, “The trustees and owners of 431 Putnam Avenue Condominium approve the work proposed by S+H Construction of the front porch of our building.” Signed by Rafiq, Boris, Shams & Natalya

Permit Application View window permit

November. 25, 2019:

Conrad sends my letter to Vetstein telling him to advise his client not to sign a contract or commence work without a meeting and a vote. A full detailed proposal at that meeting was necessary. No response was forthcoming. View Conrad’s letter.

There was no more correspondence in 2019 from the association.

-------- 2020 --------

January 8, 2020:

Boris writes Bletzer and Vetstein requesting that Susan does not interfere with the construction workers. Boris emails all players (including Conrad) telling them that I should not interfere with S+H working on the porch. 45 minutes prior Boris had received an email from Michael Segal of S+H saying the column had moved ¼” in 2 months. He told Boris that I had stopped their work on the bracing. View email

Michael Segal was directing an S+H construction crew without any plans.

Conrad emails Vetstein telling him, “Please do not allow S&H construction to do any work on the property.” There was a work crew in the morning and no one had ever told me that anyone was comig and they under-pinned my porch without authorization. In fact, they have not even seen my porch. Obvioysly, Boris had planned this with S+H for some time.

January 10, 2020 Emails between Bletzer & Vetstein: View email

February 27, 2020 Cambridge Inspectional Services Report on violation of sanitary regulation

March 10, 2020: Cambridge Inspectional Services sent Brandon Vigneault, a building inspector, supervised by Ranjit Singanayagam, the Commissioner. Conrad Bletzer emailed to Mr. Vetstein, “Please cease all work on the property until such time as a condominium vote is taken.”

Police arrived because Susan would not allow the workers to destroy the building facade. The Caqmbridge Police Department did a very good job writing up the incident. View Complaint The letter which Susan wrote to Conrad Bletzer covers it all. View Police report

March 11, 2020: Someone removed one of the existing rails from the porch. They took it away and never returned it.

March 12, 2020: Cambridge, Inspectional Service Dept. Report and Order to “Repair the sub-roof, repair the gutters and exterminate the exterior of the property for rats. All supposed to occur on or before 3/19/2020 but the Corona virus interfered. View Report

March 18, 2020 – Cambridge Inspectional Services was supposed to send plumbing inspector Frank Atchue 9617-349-61160), per the commissioner. Asuquo was supposed to arrive with him to inspect the venting problem that sends odors into my unit from the 1^st floor unit. They never came.

March 23, 2020: I have received several notices saying l would be canceling the insurance but they have not because VM does not want View email

April 7, 2020:

Vermont Mutual Insurance Group will not be renewing the condominium insurance policy as of June 5, 2020 due to exterior front porch, roof and gutter system being in poor repair. View Notice of Non Renewal

April 13, 2020:

The fence finally collapsed into the back yard of unit 3’s exclusive use yard bordering the abutters barbeque area and porch views. Pictures were taken and sent to the association (both Karimi and Katz) on April 14, 2020.

April 20, 2020:

Susan wrote to Cambridge Inspectional Services, Commissioner Ranjit Singanayagam, to again re-iterate the need for a plumbing inspector to force the housing code to be enforced upon the Unit 1 (Karimi) kitchen cooking devices that are venting to my unit rather than creating a vent to the exterior of the property away from my exclusive use back porch. (because of Conorna-19 virus this was delivered by USPS and enforcement has been delayed) View letter

April 21, 2020:

John Zullo, Jr. (the handyman who takes care of the landscape) provided two estimates to replace the fence. One for $2,895. And one for $3,995. The details about the construction were not offered.

April 23, 2020:

The 131 Magazine State Condominium Association writes to the 431 Putnam Ave Condominium Association stating issues of the fence deterioration and the hazardous condition as well as the disregard of the Noise Ordinance of the City of Cambridge about the compressor utilized by Unit 1’s replacement which is of a sub-standard quality and disrupts all use of their back porches.

Conrad emails providing me with instructions to notice my association regarding the letter from the Trustees of the abutting condominium association at 131 Magazine Street, Cambridge. My email contained the letter I wrote to them. View letter from Sara Eapen.

A. November 18, 2019 (never answered)

B. March 12, 2020 -Cambridge Inspectional Services letter informing the association to repair sub-roofs, and gutters and deal with rat protection

C. April 7, 2020 - Insurance company cancelling the Master insurance on June 5, 2020

D. View pictures of the damaged fence and additional water damage

April 24, 2020:

Rafiq Karimi sent an email at 7:00 pm on Friday night; too late for me to contact my attorney until Monday morning. Rafiq said that if I vote for the estimate that the handyman I should place a check for $1,226.47 in his mail box. He chose the more expensive quote ($3994.) and did not consider my input nor the importance of meeting to address this and the other issues proposed in my letter April 24, 2020. View letter to Trustees

April 27, 2020:

I called Conrad for advice. I was told be to schedule an estimate from a fencing company to determine how we should proceed. I contacted one of the abutters who found the fence that was previously installed by the handyman to be incompatible with his property and offered that we could eliminate the rear fence and use his fence to enclose the rear and extend the side fence to his same style to repair the deteriorated fence. I have known of the abutter as a broker and an excellent builder, having viewed his projects so I got the number of McDonough Fence from him and book an appointment at their earliest convenience on Wednesday, April 29, 2020.

April 28, 2020:

At 8:00am John Zullo, Jr. and his helper arrive to repair the fence. They were told that the association had not yet discussed the problem. He was forced to leave until the association meets to discuss the details and the process of making property decisions.

Conrad emailed another letter to Vetstein requesting a meeting again. As usual, no response.

April 29, 2020:

McDonough Fence Co. arrived at 431 Putnam Ave. for a meeting with Susan to discuss the fence replacement. During this time Rafiq violently demanded that I get off of his back yard. Cole, the estimator was appalled at his behavior. He did not offer to fix the right side of the fence facing Rafiq’s property and told him to get a handyman. Rafiq blew off this contractor.

Boris request the insurance company on April 13, 2020 (Vermont Mutual Group) for a Loss Runs Covering June 5, 2011 – April 27, 2020. The insurance company said no claims were found and notified Boris and me on this date.

April 30, 2020:

Letter from Boris to Nancy Therault

May 4, 2020:

I analyzed the quote received from McDonough Fence Company and compared it with the handyman estimate. There was no comparison. I sent the McDonough estimate to the association and to Conrad

May 6, 2020:

Rafiq emailed that he and unit 3 agreed to go with the quote by McDonough Fence for the lesser amount and requested that I drop a check into his mailbox for $1,654.73. No discussion of a deposit or terms. I sent an email to Conrad – having talked with the Trustee at 131 Magazine St. Condo Assoc. I told Conrad that they were willing to pay the $980 difference between the two quotes. Many other questions were presented to Conrad. No response.

May 11, 2020: Vermont Mutual Insurance Co. reinstated the policy without interruption.

May 23,2020: I called S+H Const. looking for Anthony Forbes to get the missing rail post back. I never heard back See July 22.

June 3, 2020: Cambridge Inspectional Services Complaint Report and Follow up

View complaint View followup View CIS photos

June 5, 2020:

Nancy Theriault emailed Bois only, an analysis of the inadequate insurance coverage. No-one mailed it to me.

June 26, 2020: Steve Cohen emailed that he will talk with Vermont Mutual to have the building re-inspected. He lied!

July 4, 2020:

Letter with exhibits written to Vermont Mutual Ins. Co. No one could respond to the letter with exhibits accept W. T. Phelan. Steve Cohen was in charge. He did not call back.

View letter August 4 Response from Nancy Therault

July 8, 2020:

Allen, a manager in Vermont Mutual said that there were 28 pages placed in the 431 Putnam Ave, Condo Association file. So, I know they received my package.

July 22, 2020:

I contacted S&H to discuss that state of the porch. I spoke to a receptionist who told me that Anthony Forbes had replaced Michael Segal as Assistant Field Manager. After speaking with him, he had no idea about what I was talking about, the missing rail, the scarred ceiling moldings, the one foot square removal of the decking. He did not get back to me.

July 21, 2020: left massage on Debnie Graves’ voice mail asking for reply to the 28 page document sent July 4.

July 23, 2020: left a message on Debie yancGraves'assiscan

July 27, 2020

I did not communicate with any managers until this day when I found out that the 28 pages had been confirmed delivery at Vermont Mutual. Surely Steve Cohen had become aware of the problems, yet no communication.

July 29, 2020:

I left voice mail on Steven Cohen’s phone. He did not call back. Megan, from Vermont Mutual said I should call Nancy at W. T. Phelan which I did and left a message for her to respond. She did not call back. Debi at Vermont Mutual said she would make sure of a call back. Steve Cohen called me finally, after Debi made the call. He assured me of nothing.

July 30, 2020: Branden from Cambridge Inspectional Services came by to see the falling fence in back. First daughter from Unit 1 tagged along. He wants the protruding nails gone. He says he will take us to court.

Still waiting for Richard R. Ramsey, President of W. T. Phelan, to respond to my email and telephone communication.

August 1, 2020: Email from Boris

August 4, 2020:

Nancy Theriault informed the 431 Putnam Ave. Trustees of a potentially mandated $25,000 deductible if the porch is not completed by Nov. 1, 2020. View email

August 5, 2020: Steve Cohen of W.T. Phelan emails regarding the state of insurance coverage View email

August 5, 2020: My letter to all concerning the process and rules of the W.T. Phelan demands.

August 6, 2020:

Email to Nancy to file a claim against S&H Construction for damages to the front porch and missing rail. The of time line of Boris receiving information and executing a contract regarding the front porch. Attached were the estimate from S&H Nov. 7, 2019 and Boris’ request that he deposit each units’ 100% share in his control.

August 7, 2020: Nancy emails that the claim has been submitted to Vermont Mutual

August 10, 2020:

Claims from Vermont Mutual gave us a claim number B0008051. Asking us to provide information, take photos etc. All communication should be sent to claims@vermontmutual.com

Stephanie of Certuse Adjustment Inc., 200 Chauncy St., #201, Mansfield, MA called at 5:25pm, 508-337-6066. Adjuster Andrew to arrive between 9:00 AM to 11:00AM Friday Aug. 14, 2010.

August 11, 2020:

2:30PM Met with Rajit today. He sent Asuquo here today. Branden and Asuquo will respond.

August 12, 2020: Boris repeats his email to W.T.Phelan of June 21, 2019

See August 12 email View June 21, 2019 email

August 12, 2020:

1. John Zullo of Elite Properties was here cleaning, raking, leaf blowing, and painting the garage stairwell so that the inspector would not see the water damage. Pictures taken April 14, 2020 and Aug. 12, 2020.

2. Boris sends an email to Steve with cc’s to wives, me and Nancy and Rafiq.

3. He shared a June 21, 2019 email about all the repairs here with pictures.

4. He shares with Steven that the porch work terminated on March 10, 2020.

August 13, 2020:

I wrote a letter to Nancy Theriault, of the Vermont Mutual Underwriting Dept. and MA division of insurance. I included my Nov. 18, 2019 letter to the Association, again. I sent it to Nancy on Aug 4^th or 5^th. View letter

August 14, 2020:

Andrew Constant, the adjuster from Certuse Adjustment Inc. was here at 10:20am. He took many photos and remarked that there was a lot of rot here. He was going to need help on this adjustment. His cell is 401-999-2329.

August 21, 2020:

I called Andrew Constant of Certuse and Blaise Schroeder of Vermont Mutual Ins. Andrew said that an engineer would be setting up an appointment. Blaise said that John Collins was in charge of negotiations and that he would call back.

August 25, 2020:

I emailed Branden saying the lack of maintenance is being disguised. I asked for help. Branden emails: please work together to use the open building permit, which expires 9/10/2020.

August 27, 2020:

James Regan of Aegis Engineering Services, Inc., 141 Weymouth St., Rockland, MA 02370, 781-982-4000. Coming here on 9/8/202 @10:00AM

August 28, 2020:

Branden Vigneault emails – “Please get a condo letter with all condo owners approval asap and continue the work. Per the building commissioner Ranjit S. this work must be done immediately.”

August 28, 2020:

Saraa Basaria hired Exponent, Antonios Vytiniotis, Ph.D,.P.E., a civil engineer, to analyze the condition at the first floor porch. View Exponent report

September 3, 2020:

Branden Vigneault emails that Ed Sullivan, Field Manager for S&H Construction is the person taking over the permit. I need to sign a condo letter that agrees with the work to be done first. No word from the association.

September 8, 2020:

Vermont Mutual Ins. Brought James Regan of Aegis Engineering to inspect and complete the investigation. His report is attached to the Oct. 29, 2020 correspondence.

September 10, 2020:

I emailed Branden that I tried to contact Ed. Sullivan and he never returned my 3 calls. Asked for help again…

September 14, 2020:

I called both Blaise and Debi Graves at Vermont Mutual Insurance. Waiting for a call back again… They never called back.

September 16, 2020 emails to/from Branden Vigneault:

We need condominium approval to proceed with fixing the porches. He directed me to the Historic Society of Cambridge on the 1^st of Sept. 2020.

September 22, 2020:

Cambridge Historic Commission, Charles Sullivan writes a beautiful letter letting us now that the building is named “The Berlin.” View letter

September 22, 2020: Why I disagree with defacing 431

View letter

September 24, 2020: Motion denied - Boris and Rafiq failed to adhere to meetings and notice requirements of the Declaration of Trust. View court declaration

September 30, 2020:

Attorney Saraa Basaria sends an email of the proposed balusters for the first floor porch. They are unacceptable to me.

October 2. 2020:

Middlesex Superior Court – Woburn, Judge Camille Sarrouf denied the Motion for a Preliminary Injunction It was denied because Boris and Rafiq had not been adhering to instructions. (Case Docket Number 1881CV01446 2020.10.02)

October 6, 2020:

Nancy Theriault emails Boris for status of porch repair. Boris is evasive as usual putting her off once again…

October 12, 2020: Presentation to Association

Meeting of Trustees and Daniel Cloherty, Esquire and Conrad. I reluctantly voted on S&H.

View presentation document

October 21, 2020:

Meeting of the Trustees – Daniel Cloherty, counsel for Karimi and Katz was present, no representation for Susan. A vote was taken regarding S+H Construction resuming the contract. Susan voted no on all issues being the minority.

October 26, 2020:

Commissioner Ranjit and Branden Vigneault called a meeting of all owners at 431 Putnam Ave. Saraa Baaria, counsel for Karimi and Katz was present, no representation for Susan. Sara controlled the meeting taking charge immediately. She was intimidating to all. Branden didn’t speak and Ranjit only spoke to answer Saraas’ questions. Saraa brought Mr. Anthony Forbes in representing S+H Construction. Ranjit told Saraa to hire a structural engineer to determine if the contract with S+H is adequate to repair the porch and to provide drawings of the proposed work. They planned that S+H would begin work on Nov. 2, 2020.

October 28, 2020:

Safety Insurance assigned Susan the claim #LHMA000857. On this date, Susan was told that Safety Ins. Does not cover outside repairs by Jeff Edwards 617-951-0600, ext. 3461

October 29, 2020:

Vermont Mutual denies claim #B0008051 stating wear and tear, and rot, as well as lack of maintenance having caused the damages. The review of Google images suggest the displacement of this post has existed since at least 2014.

November 2, 2020: Nancy Theriault wrote to Boris regarding condition of porch.

November 2, 2020: Memo to Cambridge Inspectional Services regarding S+H scope of work.

November 3, 2020 Boris wrote to Nancy:

“Dear Nancy, The Trustees have voted to begin the work with S+H Construction. S+H will be coming to the property tomorrow, November 4^th, with a structural engineer to do an assessment. S+H will commence their work shortly after that assessment has been completed and reported to the Building Department. Thank you”

November 4, 2020:

Conrad emails that I should get a structural engineer and demand that they do the work properly. I immediately contacted Rene Mugnier.

November 18, 2020:

Rene Mugnier surveyed the porch on November 11. He wrote a detailed report containing 35 pictures for Ranjit. He pointed out that the shoring is illegal per MA building code after 180 days. Drawings of the structure are required by MA building code. View report and receipt for $450. It was emailed to Susan on Nov. 18, 2020.

November 18, 2020:

Andrew Constant from Certuse Adjustment, Inc. called to explain Vermont Mutual position.

November 18, 2020: Rene Mugner wrote his report

December 2, 2020:

I came home from the gym to discover a rudimentary mold to contain the anticipated cement to cover up the structural problems of the porch. After I confronted the very young boy who was doing the work, Rafiq came out of his unit to enquire about my conversation. Rafiq had no knowledge of this activity. The boy said he was an employee of S+H Construction. He called Anthony Forbes. I asked Rafiq to get back to me with an explanation. I called Anthony Forbes and requested a copy of the structural engineer’s report that was mandated by the commissioner before continuing work. He said he would get it and send it this afternoon. Nothing came. S+H Construction sent the rudimentary drawing to Cambridge Inspectional Services but neglected to send it to me. View drawing

December 8, 2020:

During a meeting with Ranjit and Branden at the Cambridge. Inspectional Services I presented a summary letter containing the Mugnier report, the Abram inspection report of June 15, 2019, the S+H construction contract of Nov.1, 2019, the permit from Anderson contracting Oct. 11, 2012, pictures of Dec. 2, 2020 showing the anticipated work planned by S+H Construction and Boris, the structural drawing of Nov. 9, 2020, and the Cambridge Historic Commission letter from Charles Sullivan, Executive Director on Sept. 22, 2020. Branden Vignault emailed about "Increased imminent Danger" View email

Commissioner Ranjit told me to make sure that Rene Mugnier has the ability to analyze the report from the other structural engineer that S+H hired before work can continue.

Branden emailed all parties concerned about the imminent danger of possible structural failure, requesting a “fully dimensioned stamped structural plan. Include all owners on communications and all owners signatures on approval for the needed renovations.”

I informed Nancy Theriault of Brandens’mandate. On Dec.9, 2020. She emailed the players that Vermont Mutual will take immediate action….

December 9, 2020: Email from Saraa Basaria with porch column replacement detail View email

December 11, 2020:

Sarah Lawson, of S+H Construction writes to Branden about the activities of Dec. 2, 2020. Branden writes back “Please include Susan Schlossberg on all communications. We need fully dimensioned structural plans and any footing should be below the frost line. There is also an issue with the footings beings close to the driveway per Susan’s engineer. I mailed the Mugnier report to Saraa Basaraia as requested from Conrad. She said she didn’t receive it.

December 22, 2020:

At 1:57 pm, Conrad received an email saying that Vermont Mutual Insurance Co. is notifying us of cancellation effective 12/28/2020 at 12:01 am. Saraa called Nancy Theriault and achieved an extension to Jan. 15, 2021. Nancy Theriault provided an alternative policy from Lloyd’s London and an invoice for $15,085.53, payable in full. View emails

Steve Cohen wants to “revise the Lloyd’s program” per email. Susan asks Conrad to get the association to provide the monetary data.

December 23, 2020: Steve Cohen wants to “revise the Lloyd’s program” per email. Susan asks Conrad to get the association to provide the monetary data.

December 24, 2020:

Rafiq sends a email at 9:18 pm requesting a meeting on 12/31/2020 -- New Year Eve to discuss and vote. There was no discussion. The votes were antagonistic and very upsetting. They have no regard for Cambridge Inspectional Services.

December 28, 2020:

Susan tells Conrad to get the association to provide the monetary data, again. Susan writes to Commissioner Ranjit and Branden Vigneault for a meeting to fire S&H. A meeting was set up for the 29^th, then the 30^th but cancelled due to Covid 19 quarantine.

December 29, 2020:

Susan contacted Bill Garrity of Garrity Insurance. He appears most competent to get us insurance in time. I provided all data and disclosures to move things along quickly. Regarding the Dec. 30, 2020 meeting, I informed the Trustees that I could not attend the meeting tomorrow. What about 2:00pm today?

December 30, 2020: Email from Steve Cohen

December 30, 2020:

Branden, of C.I.S. emails to us all: "are there any updates to the stamped structural report and plans with full dimensions that correspond with Susan’s engineer? Any structural changes require an amendment to the permit.”

Bill Garrity emails to the association to provide answers:

1. Hire a contractor

2. Retrieve a timeline

3. Define the scope of work to be performed

December 30, 2020: Meeting of the association was an abomination. Boris taped it all without my permission or discussion. He set up to hire Lloyd’s Insurance. Rafiq agreed to contact a few insurance agents saying, “to make sure we have the most economical insurance quote. We would like to have a trustee meeting by phone on January 7^th at 2pm to discuss the various insurance quotes available. Please also bring any insurance quotes you would like the trustees to consider to that meeting. We will need to conduct a final vote on insurance at that meeting.”

December 30, 2020:

Email from Rafiq and Minutes of the previous meeting were presented to me by Rafiq. I objected to Rafiq regarding the bias of the minutes. It was obvious to me that Boris was recording the conversation. Both he and Rafiq did not speak other than to read the votes. There was no new information provided.

At 5:40 pm Rafiq emailed Susan:

“Hi Susan, I am looping Boris into this email to make sure we are all on the same page. You mentioned you were uncomfortable with the write up and that it's biased and things were not said exactly as you remembered them. Let us know what exactly you are referring to.”

This was harassment.

December. 31, 2020:

at 5:34 pm Bill Garrity reaches out to Rafiq, Susan and Boris — telling us what he needs.

“Thank you for your email. I have spent some time earlier today working on this but many in our business were off today. I fully understand you need an answer next week and as I indicated earlier my intent is to have something to you by Tuesday morning at the latest.

It would be helpful to have further clarity on the porch. Such as: When will the work be started? Who is the contractor? I look forward to working with each of you and welcome any questions you may have.

Happy New Year!

Bill Garrity

617 212 1230 Cell

December. 31, 2020: View email exchange between Rafiq and Garrity

-------- 2021 --------

January 1, 2021:

We learned on December 22 that our insurance was being cancelled. Rafiq waited until January 1 to contact his insurance agent, Paul Boutot. Boris did nothing. Susan was negotiating with Insurance agent Bill Garity who represents several insurance companies for approximately half the cost. (See January 7)

We did not get a proper answer from Paul.

Date: Fri, Jan 1, 2021 at 3:03 PM

Subject: 431 Putnam Ave. Condo Insurance
To: <X @apinsurance.com>

Hi Paul, I hope you had a good New Year celebration. You had asked me to send you a copy of our current insurance policy, master deed, condo trust documents, and pictures of the porch. All the files are attached in this email. The master deed and condo trust documents are in the same file. Thanks, Rafiq Karimi , 281-658-0134

January 1, 2021: Rafiq emails regarding insurance View email and attached photo

January 2, 2021: Rafiq finally reaches out to Garrity

Dear Bill,

The shoring up of the porch was done by S+H Construction (https://www.shconstruction.com/).

Separately, we had a meeting of the Condo Association Trustees on December 30th, and voted unanimously to request that Rene Mugnier Associates, Inc. (https://www.renemugnierassociates.com/) provide our Association with a proposal for the completion of porch assessment and preparing detailed, dimensional schematics/plans of the porch and how to repair it. Thank you, Rafiq

January 4, 2021: Rafiq decides to share with the association

Rene Mugniers office contacted Rafiq responding to his Dec. 31, 2020 (4.57pm) email. They were sending a proposal for signature.

Hello All, I called Paul Boutot with A&P Insurance and followed up with the information he needed to give us a quote. I just wanted to keep everyone in the loop. Rafiq

January 5, 2021: Rafiq is moving quickly

Hi Susan, I have asked for a revised application from Nancy in an abundance of caution. I am also seeking other quotes.

Rafiq

January 6, 2021:

Rafiq and Boris got a contract with Rene. It was based on the analysis made November 11, 2020. View 2020 Report I received an email telling me Rene Mugnier had produced a contract, but I never saw that the contract had been accepted and signed. Proposal approved by Susan January 6 -- View 2021 Mugnier proposal Mugnier's Standard Contract Terms

January 6, 2021: Insurance negotiations

I had been negotiating with Bill Garity thoughout the holidays and had an insurance deal for $8,575. At the same time, Boris and Rafiq were completing an application with Nance Theriault who would not conduct a proper inspection of the property. Boris submitted payment in full on January 11.

Bill Garrity writes:

Good morning Rafiq, Susan and Boris, — I had a good conversation with Rafiq and communicated with two different insurance carriers after our call. As I mentioned I need some documentation showing that 431 Putnam has hired a structural engineer to provide drawings. And there is a start date to the project.

Plenty of time and no need for alarm. I will circle back as we are still negotiating on your behalf. However, we do need some third party documents showing the project is soon underway. Regards, Bill Garrity

January 7, 2021: Emails between Rafiq and William Garrity regarding insurance quote View emails

January 7, 2021: On Thu, Jan 7, 2021 at 4:36 PM Rafiq Karimi wrote:

Hi Bill, Thank you for your email. We are currently working with an engineer and contractor and will give you an update as soon as we get a timeline in place. We look forward to receiving the breakdown of the coverage from you.

Thanks, Rafiq

January 7, 2021: Proposal by Norfolk & Dedham View insurance proposal

At 5:14 pm Bill Garrity emails to Rafiq, Susan and Boris:

Please find application attached for Master Condominium Insurance provided by Norfolk & Dedham Insurance Company. As per my conversation with Rafiq this is what I am able to offer:

$3,000,000 Building

$2,000,000/$4,000,000 Liability

$250,000 Ordinance & Law

$25,000 Property Deductible

Earthquake with 5% Deductible

In order to bind the coverage and issue a policy the following is needed:

1. Check payable to Norfolk & Dedham for the Annual premium of $8,575.

2. Signed Application

3. Engineer and/or Contractor letter stating when work will begin, scope of work and timetable for completion

4. Written Confirmation that all Trustees understand there is a $25,000 Property deductible which N&D will reduce once the work on the porch is completed.

5. Written Confirmation that there are NO open claims and with the exception of the porch there have been no claims paid in the past 5 years. Please contact WT Phelan and request Loss Runs be emailed to you- please forward to Lady and myself.

Please mail check and signed application to Garrity Insurance c/o Lady Awuku 106 Concord Ave Belmont, MA. 02478

I am happy to review and discuss in more detail at your convenience.

Thank you- Bill Garrity

The Norfolk & Dedham Mutual Fire Insurance Co. application was never addressed…

January 8, 2021 At 9:20 pm, Rafiq writes to Bill Garrity:

Hi Bill,

At this point, we are not able to provide you with letters from the structural engineer and the Contractor stating when work will begin, scope of work and timetable for completion.

We are currently in the process of scheduling a meeting of all parties to discuss the work that needs to be done for our porch. After that meeting, the structural engineer will finish his assessment of the porch and prepare detailed, dimensional schematics/plans of the porch and how to repair it. Only after that, will the Contractor be in the position to provide an estimate of when work will begin, scope of work and timetable for completion. Thank you., Rafiq.

January 8, 2021 Rafiq writes:

“Hi Susan and Boris, I am working on scheduling a meeting with both Rene Mugnier Associates Inc. and S&H for Wednesday 1/13/21 at around 2pm. Rene's office said he is available, but Rene will get back to me to confirm this meeting. S&H has not confirmed this meeting yet, but I am working on scheduling it. I will keep you both updated as I get more information confirming this meeting. Rafiq”

January 9, 2021:

From: Boris Katz Sent: Saturday, January 9, 2021 7:28 PM

To: Nancy Theriault Cc: Boris Katz Subject: please check our Lloyd's application

Hi Nancy, I filled out and signed the Lloyd's application forms, but I want to make sure that I did everything right. Could you please check the filled- out forms that I attached to this email and let me know if they are ready to go, and that there is nothing else I need to do except for payment? Thank you! Boris

January 9. 2021 12:22 PM William Garrity wrote:

Good morning-

In lieu of a letter from engineering firm or contractor I need a letter signed by all of the Trustees outlining the scope of work, and estimated time of completion.

Please include with signed application, check and statement of no loss, and hard copy loss runs which should be requested via email from WT Phelan. These are loss reports from VT Mutual which provide a FIVE- year history for your association.

Enjoy the weekend! Bill Garrity

January 10, 2021:

Good evening - If you want us- Garrity Ins and Norfolk & Dedham to insure your association we need something in writing that I can present to the carrier detailing what will be done and when. Otherwise I cannot insure the property on the 15th. I suggest 'ballpark estimates' for the timing, e.g. 'We believe we will have engineer's drawings and hire a contractor before April 1st etc. This is a stipulation to our offer in addition to the hard copy Loss Runs from Vermont Mutual. Let me know if you have any questions. Bill Garrity

January 10, 2021:

Sunday at 6:00 PM Rafiq Karimi wrote: Hi Bill, Unfortunately, at this time, the Trustees cannot sign a letter outlining the scope of work and the estimated time of completion because the scope of work and the estimated time of completion will be determined only after the structural engineer, the contractor, and the trustees meet to discuss all these issues. Thank you, Rafiq

This was the last time he heard from the association. He hung up the phone on me when I told him of the associations decision to purchase from Lloyd’s at a cost of $15,067.68 verses his cost of $8,575.0, a difference of $6,492.68. How rude and ugly the communication of Rafiq and Boris in dealing with all of the contractors I have brought into this property.

January 11, 2021: Notice of terrorism coverage View Disclosure

January, 2021:

At 12:03pm without discussion or quotes from other insurance companies or an analysis of Lloyds policy, Rafiq emailed:

Susan, As you saw from the emails of the insurance agent, the insurance company he recommended asked that we provide letters from the structural engineer and the contractor stating when the work will begin, the scope of work, and the timetable for completion. Since at this time we cannot provide such letters, our only option is to continue our insurance using Lloyd’s, as recommended by Phelan Insurance. The yearly cost of that insurance is $15,067.68, and, according to Nancy Theriault it needs to be paid with the application by tomorrow. As usual, the insurance cost has to be divided by all three owners according to percent ownership, as follows:

Unit 1 - 30% $4,520.30

Unit 2 - 30.7% $4,625.78

Unit 3 - 39.3% $5,921.60

Please drop your check for the amount of $4,625.78 into my mailbox by Monday evening,

Thank you, Rafiq

This transaction left me completely unprotected because the previous insurance company Vermont Mutual, dropped our coverage as a result of lack of maintenance. There was no discussion with me about any aspect of the new insurance coverage. The cost was almost double what I had negotiated with Bill Garrity.

January 11, 2021: At 2:30 PM, Nancy Theriault wrote:

Hello Boris, The application and affidavits are completed correctly. With regard to the Terrorism notices, you elected to include coverage on the General Liability policy, however on the Property policy you elected to reject coverage. Is this correct?

None of this was discussed with me. I had no knowledge of the coverages being selected.

January 11, 2021 2:51 pm email to Nancy from Boris again without discussion:

Thank you, Nancy. This was a typo, and I am attaching a corrected form — we elect to include both types of coverage. And I just submitted our payment. Please confirm that you received it.
Thank you very much. Boris

Boris paid $15,067.68 even though our total budget was less than $12,000. In an instant he bankrupted our association.

January 11, 2021:

We had scheduled the meeting for 2:00pm on Wednesday January 13, 2021. They changed the time to 11:00am without asking me and with no discussion. Rafiq told me that he asked Sarah Lawson to come here to represent S+H. Now he had accepted a new project manager that we had no knowledge of, and Rene was not coming. The only person from his office was a senior engineer who had not been introduced to us, and we were paying $450.00 for the meeting.

The meeting ended up costing us over $800 because Boris spent time talking with a senior engineer but not asking any questions. (See Memo to Rafiq and Boris on January 12 and Entry for January 13.)

January 11, 2021:

This email was sent at 5:22pm to Rene Mugnier without informing Susan or including her in any discussion:

Email from Rafiq: Hi Rene,

During our call, you said your chief engineer was available on Wednesday 1/13/21 at 11am. We are all set to meet with your chief engineer on Wednesday 1/13/21 at 11am, and would like you to confirm this meeting. The Trustees and Ed Sullivan (from S&H) will also be present at this meeting. Thanks, Rafiq

This was another example of Boris and Rafiq leaving me out of important meetings.

January 12, 2021 from Nancy Theriault at 1:40 pm:

Hello All, Applications and payment has been received. Coverage will be bound effective 1/15/21 and I will forward the insurance binders once they have been issued by the insurance carriers.

This shows that She had received payment by January 12. Boris told me on January 11 that I needed to pay $4,626. Already on January 12 Nancy had received payment. How was this possible? Did Boris hand deliver the payment and sign a contract of debt in the name of the 431 Putnam Ave. Association? Nancy demanded payment in full for the entire year.

January 12, 2021 Susan sent a memo to Rafiq and Boris. Nothing was executed!

Preparation for the Trustees meeting on January 13, 2021, having just learned of a new project manager to be assigned to the 431 Putnam Avenue porch restructure only late in the evening last night, I want S&H to provide answers:

1. Why is Sarah Lawson, the President of S+H Construction not attending this very important meeting? I would like a direct response from her.

2. What other structural work has S+H done in the past two years? Who was the project manager in all of these locations so we can get recommendations from the owners?

3. Ed Sullivan, of S+H is the third project manager assigned to 431 Putnam Ave. What happened to Michael Segal and how was he qualified for this extremely complicated structural restoration. Then came Anthony Forbes, who on October 26, 2020 represented S+H at the meeting with the Commissioner of Cambridge Inspectional Services. He was told that a structural engineer must determine the scope of work. Anthony decided to defy the mandate of the Cambridge Inspectional Services on December 2, 2020. Why do we think that Ed Sullivan will be any better?

4. What is Ed Sullivan’s expertise and experience going to contribute to the execution of the restoration. Please have Ed bring his detailed resume to this meeting to have it circulated prior to starting the meeting.

Let’s try to get along at this meeting where we have to absorb a lot of information. Can we be realistic about all points of view in protecting this wonderful asset we live in. The right thing to do is to preserve this property as it is a very valuable asset that we all share with our neighborhood. As you can see, the neighborhood has a lot of constructions activity and our porch is an eye sore for much too long. Susan

January 12, 2021 Response from Rafiq:

“Hi Susan, Thanks for sending this along. We will all discuss points with Ed tomorrow. We are also hopeful for a productive meeting tomorrow.”

January 13, 2021: Nautalis Insurance company through Lloyd's of London insurance policy January 15, 2021 through January 15, 2022 binder was sent to Susan

January 13, 2021:

Gennadiy Rousac from Mugniers office and Ed Sullivan (project manager at site work/landscape division of S+H met with the Trustees. I had no idea where the meeting was to take place. Again, Boris and Rafiq were not in communication with me. Neither Ed nor Gennediy produced a resume, nor were they asked to produce one at the meeting. I asked Ed for a statement of where we are at in the contract financially. He never provided this either. The meeting was adjourned to Friday when both Ed and Gennadiy were available. I was taken aback by the arrogance of Gennadiy. I did not want him to perform the discovery stage from my deck, but rather from the ceiling below. Boris wanted the cheaper way out. Boris decided to have his own meeting after the Trustees had departed. He continued talking with Gennediy for at least another half hour. I wonder how much we will be billed for that… Well, it turns out the bill was $840 for the site visits on January 13 and 15^th.

After this the office of Mr. Mugnier deleted me from correspondence as of 1/20/2021.

Jan. 14, 2021:

I wrote a detailed memo to Rafiq regarding my position about planned repair. I wanted to make sure they did not to cut into my second- floor decking while opening up the first floor ceiling. Since they had not involved me in several of the conversations that led up to January 20, I had little trust in the process. Also, I did not trust Ed Sullivan to do this work because I still had no resume for him. The memo explained the interactions I had with Boris regarding water damage since 2007. I also told him of the illegality of Boris recording our condo meeting without my permission. I never received an answer to any of my questions.

Jan. 15, 2021:

While I was gone, a two-man crew showed up to cut into the ceiling of the first floor porch. This work was directed by Gennadiy. I returned about 10:30am. Boris, Rafiq and the work crew were on the front porch. I went up inside my unit to wait for Gennadiy to analyze my front porch. Gennadiy never came up to my unit that day. Boris and Rafiq told Gennadiy they did not want the 2^nd floor porch measurements taken; consequently, Gennadiy had to come back on Jan. 25th, charging two additional hours to measure my porch. At that time, he did not have the crew from S+H to see the problems of the columns. He told me the left column was too far gone to save on the 2^nd floor porch.

January 20, 2021: Mugnier’s office sent a proposal and contract terms to only Rafiq and Boris He did not include Susan. Boris had told Rene that I was not interested in being included in the discussions. View proposal

January 20, 2021: Susan sent an email to Rafiq explaining that the Mugnier invoice is incorrectly addressed to Boris and Rafiq instead of to the Association. At this time Susan still did not know of the second proposal dated January 20, 2021 which Mugnier had been working on.

Rafiq,

The invoice from Josephine Paratore is addressed incorrectly. This cost is referring to the 431 Putnam Avenue Association. It is a cost of the reserve account being a capital improvement expense.

Please respond to this and previous emails.

Susan

View revised invoice

January 20, 2021: 12:56 PM, Rafiq Karimi wrote

Dear Josephine,

Thank you for sending us the proposal and your contract terms. We have already received these documents from you on January 6, 2021. However, I noticed that the proposal you sent today does not contain the name of Ms. Susan Schlossberg, and she is not copied on your email. Is this an oversight?

As I mentioned to you in an email dated December 31, 2020, the Trustees of our Condo Association had a meeting where we all agreed to ask you to provide our association with a proposal. And in an email dated January 4, 2021, I sent you the email addresses of all three Trustees.

Please revise the proposal to include Ms. Susan Schlossberg.

Thank you, Rafiq

January 20, 2021: at 2:09 pm email from Susan to Rafiq

Rafiq, I find it interesting that I should point out this intended mistake, given that Boris had his own private meeting with Gennadiy Rousac of Rene Mugniers’ office, where Josephine gets her marching orders from. Boris decided to meet with Gennadiy immediately after you and I adjourned the meeting on January 13. 2021. Rafiq, please ask Josephine why and when she omitted my name from correspondence. We have had too much discussion about the lack of correspondence among us, much less starting this deception with a brand new contractor on the scene. This has happened with all contractors who have attempted work under the tutelage of Boris. Rafiq, this must stop.

On another note, Rafiq, the email you were supposed to send me a copy of on January 4, 2021, never arrived in my mail: both email accounts. You need to audit the memos I have sent, and your responses to me, as well as the responses to all contractor correspondence. Susan

View proposal

January 20, 2021: Summary of what happened January 20, 2021

Boris told Rene that I did not want to be included. The 1/6 contract was negated and a new contract was drawn up without any work to be done to my porch. Josephine from Mugnier’s office sent the contract to Boris and Rafiq. Rafiq acknowledged receiving it. It clearly said that to the fee for execution, design, and drawing the plans will be $3,900.00 with a deposit of $1,300.00 which will not include the previous visits. Until a signed contract is received by Mugnier, they will not resume work. As of Feb. 1, 2021 – no contract signed by Boris.

January 22, 2021 email from Susan to Rafiq:

Rafiq,

Please send all the correspondence that you receive immediately to me. I don’t want to be left out of the conversation. You have not answered my questions in the past. Please make every effort to fix this problem.

Susan

January 22, 2021:

Josephine from Mugnier’s office sent a corrected proposal for the porch to Susan. Boris and Rafiq dated 1/20/21. It is different than Rafiq thought. The numbers have changed. Later this day, Josephine sent a revised invoice dated 1/20/2021 for 6 hours to Rafiq, Boris and me, to which I replied - This cost is referring to the 431 Putnam Avenue Association.

January 25, 2021: Email from Nancy Therault To units 1 and 3 while ignoring Unit 2 entirely

Good Morning All, Attached please find the 1/15/21 insurance binders for the Property coverage with Underwriters at Lloyd’s, London and the General Liability coverage with Nautilus. The policies will be issued shortly.

Best, Nancy

Nancy Theriault

Account Manager

781-641-7238

WTPhelan.com

The binder was effective Jan. 15, 2021. No one discussed this with me. I have no idea what is insured. The building coverage is only $2,702,05. The premium cost $15,067.68. Boris alone signed it. Nancy waited 10 days before she shared with me. The application was received on Jan. 12, 2021. This was not discussed with me. Note that Nancy Therault would receive a large commission on this deal. She put Boris in charge and connected Boris to Lloyds while preventing Susan from having input on the insurance decisions. Is this insurance fraud?

January 27, 2021:

Mugniers office emailed that the $840.00 payment had been received by them. Rafiq emails that a revised invoice is necessary. One payment was sent for $1,120. on Jan.27, 2021. This is another example of Boris manipulating funds. They kept Susan from knowing about the source of payment until October 2021.

February 2, 2021: Memo from Susan to Rafiq and Boris asking for discussion. No discussion came

See Memo

February 9, 2021:

Rafiq responds to Josephine of Mugniers office with his executed copy of the signed proposal; Boris informed Josephine that the payments will follow shortly. Unbeknown to Susan, Rafiq and Boris met with Mugnier and Associates and drastically altered the contract. The result is that we don’t have a plan to be bid out for quotes.

See the following changes: (the complete analysis of changes is documented in March 26, 2021 memo to Cambridge Inspectional Services.) View memo

Note: The contractor shall assume sole responsibility for means and methods for temporary shoring of the structure. On drawing, not in contract.

Removed from the contract:

a) All contractor’s labor and materials required exposing the structure and too observe concealed conditions is the client’s responsibility under the direction of our office.

b) It is important that all structures where, damaged are suspected be exposed as much as possible.

c) During this visit we will take all necessary measurement for the design which is included in the fee proposal.

Added to the contract: Our work will consist of drawing the plans of the structure as it is observed and add all necessary reinforcement to make it proper. (what does “make it proper” mean?)

February 11, 2021:

Rafiq informed me by email that the inspection by Lloyds Insurance would be taking place the next day at 10:00am, not even twelve hours later. In an email the week before Nancy Theriault of W. T. Phelan was adamant that only Boris is a contact person here at 431 Putnam. Marvin Andres, insurance agent assigned to me, (508) 755-6210 x 114 never called me back to say when the inspection would take place even after I had left him two voice mails.

February 12, 2021:

I was relying on the inspection done by the new insurance company to point out the many areas of maintenance and capital improvement required, as noted by the previous insurance company, Vermont Mutual. However, Ed Fasold, the inspector from US Underwriting Service Corp. (978-692-0163) never provided any information – as if he had never been here.

The inspection was fraudulently conducted from beginning. The inspector wanted to see only one unit to prepare an inspection report of the entire building. No report was ever shown to me. Rafiq offered his unit to be the one inspected. Boris never showed up at all for the inspection. To prevent the inspector from seeing the bedroom, Rafiq told the inspector that his wife works nights and she was sleeping in the bedroom. More lies. Rafiq told me that I am unwanted in his unit. It was embarrassing. I invited the inspector to my unit after he concluded with Rafiq. I wanted to show him the crack in the wall in the kitchen which I think is being caused by Rafiq elimination of the structure to vent his oven. I believe the ventilators are now located in the master bedroom. I have not smelled their strong cooking odors since new ventilators arrived last year.

February 22, 2021 Notification of Insurance:

I received a certificate of insurance. It indicates that we are seriously underinsured.

February 23, 2021: Garage Door

Boris had the garage door reprogrammed and never told me. My opening device would no longer work properly. It was not until October, 2021 that I learned of this, and only then because I investigated the problem by contacting the garage door company. Boris had Unit 1 and Unit 3 remote controls updated but not mine, and he never told me about it.

I asked Boris for a copy of the receipt and he sent me a copy which had been defaced such that nothing could be read. View invoice Boris sent me It was not until October, when I contacted Budget Overhead Door and received a copy of the invoice directly from them that I could read what was written. View invoice

March 8, 2021: Memo to Boris and Rafiq – please clean the property plus other stuff View memo

March 19 - 21, 2021:

· I emailed to Conrad telling him that

· I talked with Mugnier’s office and was told yesterday

· Rafiq and Boris had their final meeting about drawings & scope of work, and had picked up the drawings on March 11^th or 12^th

· I was not told about any of these meetings. I still don’t know the design.

Although the drawings are dated March 10^th, 2021, I still haven’t been given a copy that is readable.

See email exchange Note: these emails contained attachments but the attachments are not here.

March 21, 2021: at 8:21 PM, Rafiq Karimi wrote

Susan, I am attaching 5 pages showing the type of structural column and the balustrade system that Gennadiy had in mind. If you have any additional questions for Gennadiy, I can call Josephine and set up a conference call.

Please note that our Condo Association Trustees meeting is scheduled for Friday March 26,2021 at 3 pm. The agenda is to discuss the bidding process.

Rafiq

The plans, drawing, columns and systems sent me are not readable. They are copies of copies and due to reductions in size, no one can read them. Rafiq and Boris have the originals and never shared them with me. Additionally, the plans don’t match the contract. Rene knows this, but Rafiq probably does not because Boris has never told him.

March 21, 2021: 9:23 PM EDT (one hour after receiving Rafiq’s email)

Email from Susan

To: Rafiq & Shams Karmini

Cc: Susan Schlossberg, Rafiq,

There is no reason for a meeting…

There is no scope of work to be utilized.

There needs to be a definitive plan to address the required concerns of Inspectional Services (as I said before, in my previous memo to you on 2/2/21,) You have not gotten the required information to get the necessary quotes or permits.)

Susan

March 21, 2021: Rafiq emailed me drawings that are not readable, nor are the 5 pages of structural columns and balustrade system. I replied to Rafiq saying that there would be no reason for a meeting since we have no scope of work. See email.

Mugnier's office gave me no information because Boris and Rafiq had told him that I was not included in their contract and that I was not privileged to their meetings. Subsequently Susan paid Mugnier’s office $20.00 for a readable set of drawings. Drawing S-1 Drawing S-2

March 26, 2021: Meeting of Trustees to Vote for bids:

Trustees meeting was a disaster. I was walking down the back stairs to unit 1’s back porch, when I received a telephone call from Rafiq. He said that he and Boris had agreed to a conference call at 3:00 pm. Boris and Rafiq had so much information they should have provided to me by now, and yet, they chose to have a conference call and to not share with me any of the meetings with Rene. They offered no additional data.

At that meeting, Boris thinks he told me that the 2^nd floor porch is included in the drawings. I was married to an architect for twenty years. He had three Masters Degrees from Harvard in architecture. I can read plans. I can’t read these. They are disguised, not showing the exact siting of the drawings as located on the porch. This is no design explanation. So, show me the scope of work on the 2^nd floor porch. Neither Boris nor Rafiq would share what they knew. The minutes recorded for this meeting are unsubstantiated lies.

Even so, with very little information for a contractor, they make the suggestion that each of the Trustees find a contractor to do whatever they want. Then the three of us can get together and decide. I asked if they understood what a scope of work was? No one replied. There was no longer any point in the meeting. If we could not decide on what to bid on, then there would be no bidding process.

March 28, 2021:

I sent an email to John Zullo. The Association apparently is not able to change a battery in the common back stairway at the rear entrances to Units 2 and 3. The chirping has been going on for 3 days, and is driving me crazy, especially at night. The Association is informed.

I have left a ladder that reaches the security light and alarm that needs charging. I can’t go up a ladder to find out the size of the battery. I may have the appropriate battery in inventory here.

I know this is not a regular request, but I know that the Association lets you into the building, especially because you have the key to the garage and can do this without anybody being home. I figure it is time to schedule a cleanup of the stairways anyway.

They battery replacement cannot wait.

If the Association refuses to pay for the battery change please give me the invoice and I will pay the bill. If the Association refuses to pay for a clean-up, please let me know.

Please let me know when you will next here in advance so I can be home.

Thank you, Susan

Rafiq finally changed the battery after three days of listening at the 2^nd floor level. Boris never showed up.

March 30, 2021: Memo to Cambridge Inspectional Services – Scope of Work

Full Text of the Memo Mr. Mugnier’s drawings: Drawing 1 Drawing 2

April 1, 2021: Email to Rafiq regarding ongoing issues

Common rear door could not open, again… Battery chirping continues since March 28, 2021. Rafiq emailed a bunch of nasties to me. As a matter of fact, we were nasty to each other on April Fools Day….

April 4, 2021:

Just recently, on April 3, 2021, 7:30 pm, I once again called Rafiq to ask him to come up to my unit and smell what I am smelling from his kitchen downstairs. In all these years, he will not answer for this invasion of my private space. The structural problems in my unit can only be analyzed from below the cracked walls and insecure bearing members located directly below in Unit 1’s kitchen. The movement in my kitchen walls, ceiling and flooring is showing signs of stress created by inadequate structure below. As usual, Rafiq refuses to answer the phone or his door when these disruptions to my peaceful habitation occur. This harassment has continued for more than five years.

April 4, 2021 Sign on doors:

“Have John change the battery Now”

Rafiq replied, you left a passive-aggressive note on the back of my door demanding me to call John to change the battery. I was on my way out when I saw the note, so I was unable to do anything about it at the time. View note on door

April 6, 2021:

Saraa writes a 5-page letter saying that Boris and Rafiq have made many attempts to work collaboratively with Susan. All, full of lies reminding him of the memo to Ranjit. View email

April 26, 2021: Susan researched contractors as requested by Boris (see March 26). Susan obtained recommendations from architect Edrick van Beuzekom and from Moss Keane who recommended Don Foote for porch repair.

Recommendations from Edrick:

Henry Donaldson/Donaldson Builders

(914) 671-4141

henry@donaldsonbuilders.com

Matthew Sekula Contracting

(508) 294-8527

msekulacontracting@gmail.com

Painter: Nelson Filio

RPS Contractors, Inc.

617-719-3825

rpscontractors07@aol.com

April 30, 2021:

On April 26 I had emailed Conrad the not so great un-edited response to Saraa. It had taken me too long to write it and Saraa was asking Conrad for it. I was not proud of it so I edited the letter and re-sent it to Conrad. Shortened version (13 pages)

April 30, 2021: Susan's response to Saraa Basaria’s letter to Conrad Bletzer on April 6, 2021 View response

May 2, 2021:

Susan completes the edification of her most excellent epistle and sent it off to Conrad.

May 11, 2021:

Announcement of condo meeting to discuss names of contractors. Meeting scheduled by phone on Wed., May 19, 2021 at 4:00 pm. Bid to be based on Rene Mugnier’s drawings.

May 17, 2021:

Saraa says she will not respond to my letter. Mr. Katz and Mr. Karimi intend to have “fulsome discussion during that meeting.” Rafiq said the meeting only lasted about 17 minutes. Not enough time to do what they planned. Just enough time to slander me during the meeting and in the meeting notes. More threats from Saraa.

May 19, 2021:

I emailed to Boris and Rafiq nine contractors and contact information to start the process that Saraa spoke of two days ago. There was no fulsome discussion. Neither Rafiq nor, Boris offered any suggestions about other contractors. The meeting notes are fiction just like previous meeting notes. Interesting that they continue to call meetings however, in the notes, neither one of they have anything to report… They refuse to discuss any situation.

June 1, 2021:

I came home from the gym today at about 9:15 am. Phil D’Amato of Mystic River Contracting, Inc. (857) 205-8555 was talking with Boris and Rafiq at the front porch. I approached and asked for a business card. I asked him, “Who are you billing for the estimate for this property.” He said, “Whoever is paying.” This is the same thing John Zullo said the last time I spoke with him.

I asked Phil how he got the plans for the porch repair. He said it was emailed to him and that he had it printed on the special paper at the copier store. I said that I never got a clear vision of the engineers’ plan.

Rafiq abruptly terminated the meeting. The contractor started to depart down the stairs. I said to Rafiq and Boris, “Thanks for inviting me to this meeting.” (Facetiously….)

Rafiq said it was not a meeting. (They have yet to give me the notes from the meeting on May 19, 2021 when I provided the general contractors list and asked that my letter, in response to Sara’s letter of April 6, 2021, be placed into the minutes along with the contractor list for the 431 Putnam Ave. Association of the condo meeting.)

Rafiq then told me “You have to get your own contractor.”

June 1, 2021:

4:32pm received the notes from the May 19, 2021 condo meeting. The usual lies and misrepresentations. No discussion….

June 1, 2021: Letter to Conrad Bletzer Regarding Mystic River View letter

June 3, 2021: Application to Modify Building Plans #244646, Owners name continues to be 431 Putnam Ave. LLC., but this time they have changed the address to Cambridge, MA 02139. They admit to having 3 dwellings but have no approval from Susan yet. When asked if the property is part of a condo association, they say ‘—'. They say that Rene Mugnier is the architect and the expiration date of the this modifieds plan is on June 30, 2022. Ed Sullivan attested.

June 3, 2021: Application for modification to Building Permit

Original Application of November 2019

Application for Modification

June 8, 2021: Building Permit Plan #12754, including Change of Contractor for $1,159.63 was paid for by Jessica DoDouto via credit card #4419. I never saw this name of this charge before.

June 9,2021: Garage door

See Letter to Bletzer discussing request of Rafiq regarding billing for garage door repair. See unreadable copy that Boris supplied, View readable invoice that Susan got from Budget Overhead Door in September, 2021 See September 13, 2021 View invoice Boris sent me

June 25, 2021: Letter to Conrad Bletzer regarding frustrations with Rafiq and Boris View letter

June 30, 2021:

John Zullo came to perform work for Rafiq fixing up Rafiq’s yard for his July 4 party. Yard has been dismal for many months. Zullo had long conversations with Rafiq and blamed Susan for not hiring him to do fence work. The fence he wanted to install was very low quality and Susan wanted a better fence similar to the existing design. It is typical of Boris and Rafiq to want only the cheapest possible materials and workmanship.

July 9, 2021 approximately 10:15 AM:

Heavy rainstorm. R B Farina roofing company showed up to work on the roof of the condo. As always, Susan was not notified of this work. It is apparent that Association money is being spent to accommodate Boris on the 3rd floor without notification, discussion, explanation, or financial disclosure to Susan. Note: the roof is owned by the Association, not by the 3rd floor resident.

July 15, 2021 approximately 1:20 PM: Workers on the roof

Branon and Son roofing company arrived and 5 or 6 workers took a ladder up the stairs through Boris' unit to the roof.

Susan to worker: “What are you doing to the roof?”

Worker: no response.

Susan: “I live here. I am an owner. I want your card.”

Worker: “My cards are in the truck.”

Susan to Boris: “What are you doing to the roof?”

Boris: "Nothing just checking.”

Worker: “We are checking for a leak.”

Both Boris and the workers refused to say where on the roof they were checking or why.

They went down to their trucks and returned with what appeared to be a can of sealant and spreading tools. Susan asked Them what they were going to do and they said they were “just checking.” Boris also refused to say what they were doing there; he echoed, they are “just checking” but would not say what they were checking. The work crew was working on the roof just one hour and left about 2:40 PM. Video

Boris deals with the roof as if it is his. He will not allow anyone up there except workers he contracts with. This is clear contempt of court inasmuch as Boris was directed by the previous judge that he may not make decisions about the building unilaterally.

July 15: Branon lowers their price -- Boris goes back to the same bad contractors

July 16, 2021: Six workmen show up from Farina and go to roof. They may have caused leaks while pounding on roof. View photo of Farina truck

July 19, 2021: Visit to Records Department

Susan was directed to licensing investigator, Tyler Bubenik, to check the status of complaints from the 131 Magazine St. Association, our next-door neighbors. Our neighbors have been complaining for years to Unit 1 because of their excessive noise levels (over 60 dB). Their AC was uncomfortably loud even when newly-installed in 2015. The compressor is far above allowable noise levels. Mr. Bubenik, representing the City of Cambridge licensing commission, informed Susan that he had been talking to Rafiq, the owner of Unit 1, about getting the problem fixed.

Those same neighbors have made numerous complaints about Unit 3 regarding the noise level (also over 60db) of their dryer vent at the rear of the building

In addition, the 131 Magazine St. Association has made repeated complaints regarding the lack of maintenance and poor condition of the fence belonging to the 431 Putnam Avenue Association. Images of fence

Susan went downstairs to the records room of Cambridge Inspectional Services where she found an application to modify building plans Original Application of November 2019 including change of contractor, (Number 124754). This application is to modify permit number 61055. The applicant is Ed Sullivan, project manager site work/landscape division of S+H Construction, submitted June 3, 2021. The modification increases the building construction cost by $75,000.00. There is no scope of work attached to this application.

Susan saw building inspector Branden Vigneault who noted that an application to modify building plans had been submitted. Mr. Vigneault read the plans and saw that they entailed substantially more construction than originally applied for. Mr. Vigneault’s folder also contained Susan’s memo of March 30.

The new permit had been filed through Sisia Daglian (a newer Assistant Building Commissioner who had no knowledge of the previous history at this address). Mr. Vigneault brought her up to date by providing her a copy of the March 30, 2021 memo. She will call Susan to set an appointment, and she said the city will not issue a permit without Susan’s signature; however, the city did continue to rely on the original permit which should have rightfully expired after the 180 days of shoring was not acceptable.

Ed Sullivan signed the contract for S+H Construction. Ed Sullivan does not have managerial personnel to inspect work done by S+H. They just added $75K to their original $23K contract without telling Susan anything about these deals. This despite being admonished by a judge that they may not do any construction without Susan’s signature. (See Injunction resulting from trial in September, 2020)

The relationship that had been respectful prior to the July 19, 2021 visit to the Records Department at Cambridge Inspectional Services started to crumble. After I discovered the application to modify building plans #124754, dated June 3, 2021 I questioned much.

The new permit had been filed through Sisia Daglian (a newer Assistant Building Commissioner who had no knowledge of the previous history at 431 Putnam Ave.) It appears that Boris had actively avoided applying through Commissioner Ranjit Singanayagam by going to Assistant Commissioner Sisia Daglian to file his modification application.

July 20, 2021: from Branden Vigneault – Missing condo approval letter and didn’t include Susan Schlossberg owner of unit2 scope

July 21, 2021: Sudden Recent Changes

Changes in actions and communications have followed Susan’s recent meeting with city inspectors and questioning of roofing workers.

Email from Rafiq on July 21, 2021:

Dear neighbors,

Our roof has a leak. We are contacting local roofers to determine what needs to be done. We will then schedule a Trustees meeting to discuss the bids. If you know of a good roofer and would like to get an estimate from them, please let us know.

Rafiq

July 30, 2021: Meeting with Assist Commissioner

I met with Assistant Commissioner Sisia on July 30, 2021 at around 9:30 AM. I explained in detail that I was appalled that she would issue this new permit without my permission. It appears that Boris had actively avoided applying through Commissioner Ranjit Singanayagam by going to Assistant Commissioner Sisia Daglian to file his modification application. Sisia said that she would talk with Sara Lawson and clearly state my objections to their approach. Sisis told me that Sara could not work on the second-floor porch. Commissioner Ranjit and Inspector Branden had previously stated that I would have to vote to approve a new permit. I asked Sisia to please read all of the correspondence in the file. I also told her that I could deliver a complete analysis on August 9, 2021, after she got back from vacation.

She was leaving for vacation that afternoon, July 30, 2021. I told her that I was looking forward to working with her.

====== August 2021 ======

The relationship that had been respectful prior to the July 19, 2021 visit to the Records Department at Cambridge lnspectional Services started to crumble. After I discovered the application to modify building plans #124754, dated June 3, 20211 questioned much.

I met with Assistant Commissioner Sisia on July 30, 2021 at around 9:30 AM. I explained in detail that I was appalled that she would execute this new permit without my permission. It appears that Boris had actively avoided applying through Commissioner Ranjit Singanayagam by going to Assistant Commissioner Sisia Daglian to file his modification application.

Sisia said that would talk to Sara Lawson and clearly state my objections to their approach. Sara could not work on the second- floor porch per Sisia. Commissioner Ranjit and Inspector Branden had previously stated that I would have to vote about a new permit. I told her to please read all of the correspondence in the file. I also told her that I could deliver a complete analysis on August 9, 2021, after she got back from vacation.

She was leaving for vacation that afternoon, July 30, 2021. I told her that I was looking forward to working with her. I went home and prepared a five- page document with twenty-two exhibit for her perusal. On August 9, 2021, I delivered a package containing a physical letter and a flash-drive that contained the letter and the exhibits so she could read it at her leisure. She said that she was swamped with work and said she would try to get back to me by the end of the week.

She never responded to my correspondence. On August 23, 2021, I waited for a meeting with Sisia to discuss next steps. She told me that I should contact Dennis Carlone, the Cambridge city counselor. He is an architect and has been advocating for change in unlawful condominium sanctions and law enforcement. In closing she was taking the next step and sending an inspector to write up all the violations in one document so it could be processed.

Inspector Asuquo ltuen arranged for the inspection to take place on August 25, 2021. We talked TWO NIGHTS BEFORE, AND I TOLD HIM TO GET THE FLASH DIVE FROM SISA SO HE COULD UNDERSTAND ALL. Asuquo emailed his request to Sisia. Apparently, she chose not to give it to him. Asuquo explained that he is a Housing Inspector, who can only report violations of the state sanitary code. I needed a Building Inspector (Branden Vigneault, or Michael Grover) to execute Sisia's order. Asuguo said his hands were tied and he would issue the report with the items he could notate. I had prepared a whole list of items to include in the violations. Very little got into the report. The corrections were required by September 1, 2021; Asuquo said no one is available to enforce violations.

•

• Asuguo sent me an e-mail on August 26, 2021. It was addressed to the 431 Putnam Ave. LLC., owners address: 3 Clinton St. #2, Cambridge, MA 02139 (Aly Ladha old address). I had alerted the name change to Sisa both in the letter and in person. No one was doing their job!!!

On August 27, 2021, I went to Cambridge lnspectional Services to see if anybody would meet with me. They said that Branden was not available, Sisia was on a conference call and that Commissioner Ranjit would be out shortly. I waited about forty-five minutes. The meeting was not civilized. He was behind a shield and I was in the hallway. I could not hear him very well. I certainly could sense his posture and his anger. He said the following:

· I am being blamed for the lack of repairs to the porch because I am not paying condominium association dues.

· I am stopping Boris and Rafiq from making any progress.

· He said he was going to sue the 431 Putnam Avenue Association and sue me as well for causing this un-lawful issue.

· The department does not get involved in condominium issues and civic trials. We must go to Superior Court to work this out.

· Ranjit said it doesn't matter that Boris lied about the name of the organization. Ranjit didn't care that Asuquo was respond to an entity on Clinton Street.

· And, of most importance, Commissioner Ranjit had not yet talked to Rene Mugnier who promised he would tell Ranjit and tell truth back in July.

I immediately left the meeting and called Rene Mugnier. Rene said that the Commissioner never called him back. I told Rene that the Commissioner blamed me for the problems. Rene said he tried the Commissioner again and left a message. Rene said he would help me get the repairs needed to the 2^nd floor porch. He then said that he no longer had the January 6, 2021 contract that we had been discussing. I told him I would get it to him within the hour. This is when I discovered all of the issued around the January 6^th and January 20th lack of correspondence.

======

August 6, 2021: Proposed Meeting to Vote on Bids

Email from Rafiq regarding proposals

Estimate from Anthony’s

Estimate from Mystic River

Estimate from S+H (Actually a Change order #2 )

August 8, 2021: Request for specifics from bidding contractor

View letter of reply regarding new proposals

August 9, 2021: Letter to Sissia Daglian of Cambridge Inspectional Services detailing many problems with the building permit, modification, fence, and neighbors. I delivered a package containing a physical letter and a flash-drive that contained the letter and the exhibits so she could read it at her leisure. She said that she was swamped with work and said she would try to get back to me by the end of the week. View letter

August 9, 2021: Letter to Trustees Regarding Repairs View Letter

August 9, 2021: Proposal from Anthony's Construction View proposal

August 10, 2021: Email to Rafiq confirming my attendance at meeting scheduled for August 13 View email

August 11, 2021: Email from Rafiq regarding August 13 meeting View email

August 12, 2021: Susan emailed Rafiq regarding the coming Association Meeting

Susan tells Rafiq she wants to record the meeting to act as minutes.

Rafiq tells Susan he does not want a recording

Jay asks Rafiq why not since Boris will be on zoom.

Rafiq says he will get back to Susan.

He never got back, and despite many requests Susan did not get a copy of their version of the minutes until DATE???

August 13, 2021 Meeting:

At the August 13 meeting the second Mystic River proposal was considered. I had talked with the Mystic River representative on the front porch June 1^st. Why did it take until August for them to submit a proposal?

August 13, 2021 Trustees Meeting:

This meeting was an attempt to railroad me into accepting one of two proposals as if they are the only choices. In fact, many other companies could be contacted. They said they tried all the companies I had referred and none of them responded.

I said show me. They said they would get back to me, but they never did. Dan agreed to take minutes. I still have not received them.

The following 2 emails are playing Hide & Seek with me. With your help on the phone I will find them. I know I have seen the one concerning your attendance at the August 13 meeting, and the other one may actually be the same email as the one shown for August 18 “Set of emails.”

Aug. 13, 2021: Jay wanted Dan to add what he had recorded in his notes to the minutes View email Jay to Dan

August 18, 2021 (approx):

Dan, lawyer for Rafiq & Boris, sent email to Jay and to Conrad. Conrad was unaware of the meeting content. This explains why Jay was representing me at the ‘vote.” View set of emails

August 23, 2021: Botched pseudo-repair to Bannister View photos of back stairwell

August 23, 2021: Assistant Commissioner Sisia never responded to my August 9, 2021 correspondence. On August 23, 2021, I waited for a meeting with Sisia to discuss next steps. She told me that I should contact Dennis Carlone, the Cambridge city counselor. He is an architect and has been advocating for change in un-lawful condominium sanctions and law enforcement. In closing she was taking the next step and sending an inspector to write up all the violations in one document so it could be processed.

August 25, 2021: Inspector Asuquo Ituen arranged for the inspection to take place on August 25, 2021. We talked TWO NIGHTS BEFORE, AND I TOLD HIM TO GET THE FLASH-DIVE FROM SISIA SO HE COULD UNDERSTAND ALL. Asuquo emailed his request to Sisia. Apparently, she chose not to give the flash drive to him. Asuquo explained that he is a Housing Inspector, who can only report violations of the state sanitary code. I needed a Building Inspector (Branden Vigneault, or Michael Grover) to execute Sisia’s order. Asuguo said his hands were tied and he would issue the report with the items he could notate. I had prepared a whole list of items to include in the violations. Very little got into the report. The corrections were required by September 1, 2021; Asuquo said no-one is available to enforce the violations.

Asuguo sent me an email on August 26, 2021. It was addressed to the 431 Putnam Ave. LLC., owners address: 3 Clinton St. #2, Cambridge, MA 02139 (Aly Ladha’s old address). As noted above, this LLC was disolved years ago and no longer exists. I had alerted the name change to Sisia both in the letter and in person. This information obviously was not shared with everyone in the office.

August 26, 2021: Email from Boris

DearTrustees,

S+H Construction informed us that they are working on a contract for the porch repair at 431 Putnam, which will include several items requested by the Trustees.

Because some of their key personnel is on vacation next week, they will respond to us after Labor Day.

Thank you.

Boris

August 27, 2021:

On August 27, 2021, I went to Cambridge Inspectional Services to see if anybody would meet with me. They said that Branden was not available, Sisia was on a conference call and that Commissioner Ranjit would be out shortly. I waited about forty-five minutes. The meeting was not pleasant. He was behind a clear partitionshield and I was in the hallway. I could not hear him very well. I certainly could sense his posture and his anger. He said the following:

· I am being blamed for the lack of repairs to the porch because I am not paying my condominium association dues.

· I am stopping Boris and Rafiq from making any progress.

· He said he was going to sue the 431 Putnam Avenue Association and sue me as well for causing the delay in repaairs.

· The department does not get involved in condominium issues and civil trials. We must go to Superior Court to work this out.

· Ranjit said it doesn’t matter that Boris lied about the name of the organization. Ranjit didn’t care that Asuquo was responding to an entity on Clinton Street.

· And, of most importance, Commissioner Ranjit had not yet talked to Rene Mugnier who promised he would tell Ranjit and tell him the truth back in July.

I immediately left the meeting and called Rene Mugnier. Rene said that he called the commissioner and left a message but the Commissioner never called him back. I told Rene that the Commissioner blamed me for the problems. Rene said he tried the Commissioner again and left a message. Rene said he would help me get the repairs needed to the 2^nd floor porch. He then said that he no longer had the January 6, 2021 contract that we had been discussing. I told him I would get it to him within the hour. This is when I discovered all of the issues around the January 6^th and January 20th lack of correspondence. See August 9 letter to Assistant Commissioner of Inspectional Services Department which shows the difference between the January 6 and January 20 Mugnier proposals.

August 31, 2021:

Branon & Son Construction LLC proposed to complete the job in 21 days for $32,910.00

1. I would like to receive copies of the estimates Boris got from Farina Roofing Co. and the first estimate from Branon & Son Construction LLC. We will need additional estimates of course after detailed inspections and reports by a professional building inspector and a structural engineer.

2. There are several problems with the Branon & Son Construction LLC proposal:

1. Here is the scope of work for the roof:

· The estimate is for a significantly smaller area than 3500 sq. feet. It should be measured by a professional like an architect.

· 1 ½ “insulation must be specified by an engineer.

· How does seam tape and metal cover tape wear? The metal and tar and rubber materials must match the design and be approved by a professional.

· Stiffening the edge of the perimeter of the roof with a wood nailer has to be demonstrated to the unit owners and a professional to say what options we have.

· A dumpster will not be placed in the driveway.

2. Here is the scope of work for the HVAC and Boris exclusive-use

· New Hatch cover and cover it with rubber membrane

· Pitch pocket around HVAC lines coming out of roof

· New aluminum retrofit drain

· Warranty does not cover storage on the roof

· Tar membrane around seal penetration

· Metal sleeves used to flash irregular shaped roof penetration

3. We need a breakdown of material, labor and overhead charges of costs related to the roof. My inspector told me that the roof was new and that we could get 30 years out of it. We need to find out exactly what happened to age the roof so abruptly. To that end, please have Branon & Son Construction LLC provide a breakdown for the work listed above.

September 1, 2021:

This is What Has to be Done to Come to an Agreement

1. The front porches, sub-roofs, siding and trim as well as the grounds need to be repaired as noted by Abram & Co. and by Cambridge Inspectional Services View Report

Association to install intercom and security system immediately.

2. Books of original entry to be provided as requested through August 31, 2021

This is to include the following in hard copy format.

a. Complete Bank Statements for years 2013 through 2021, Reserve and Operating Accounts, including backs and fronts of check copies.

b. Cash Disbursement journals for years 2013 – 2021

c. All paid bills for all work performed years 2013 – 2021

d. All contracts accepted years 2013 – 2021

e. All meeting notifications for years 2006 – 2021

f. All requests to vote and the votes taken years 2013 – 2021

g. Copy of the signatory cards for operating both bank accounts, current and past

h. All correspondence regarding the Reserve and Operating bank accounts including transfers, deposits, loans, and bank notices

3. Professional Management Company to execute a plan to address the inspection and restoration of the building and the administration of an appropriate budget and all finances.

4. Get out of the high-risk MA insurance pool currently with Lloyds which has doubled our insurance cost within the last year. Our cost now is over $15,000.00

5. Inspection to include:

a. Foundation, basement, structures, walls, ceilings, floors, walkways, steps and garage

b. Roof and gutters, downspouts and drains, tree limbs, flashings, vents, fascias and soffits, and exterior hoses and shutoff valves.

c. Doors and windows to be addressed for weather stripping, glazing and caulking decay.

d. Checking all electrical devices, motion sensor, exterior light fixtures and circuit breakers

6. Restoration of the building to remove all rot, coat all surfaces and repair all damaged and worn common area assets: All issues to be addressed by professionals.

a. Fix both first floor and second floor porches and columns, moldings, decking, and railings.

b. The curved wall above the garage has visible damage on all levels showing cracks and chipping paint.

c. Exterior molding around the windows are failing.

d. There are visible cracks in the ornate braces at the roofline of the building.

e. The ribbon detail below the roofline on the entire building is failing and requires immediate remediation.

f. Water damage is evidenced in all parts of the building: basement roof, siding, and porches. All damage must be sealed before painting.

g. All black rails at walkways need to be scraped and painted.

7. Maintenance Issues to be addressed by professional management:

a. Morning Star Painting provided a proposal to address all these issues and more on August 26, 2013 for $27,450.00. Today’s paint job would be close to $100,000. because of the rot, loose members of the façade, and other repairs necessitated by water damage and lack of proper maintenance.

b. Correct drainage, gutters and downspouts at the front of the building adjacent to the columns, impacting masonry work at the driveway and brick structural support under the front porch. At the rear entry (columns, steps, rails and deck water damage needs drainage to be corrected as well. Gutters and downspouts should be cleaned annually.

c. The grated drainage needs to be cleaned at different intervals depending on the season.

d. The landscaping here requires more than cutting grass, raking leaves and shoveling snow. The 7,794 sq. foot lot needs landscaping to be maintained by the association. Contractor to be hired with scheduled intervals to weed, mulch, replace all missing plants, grasses and flowers and bushes annually.

e. The dead bushes and plants need to be replaced reflecting the original design of the landscape architect who designed 431 Putnam Ave. The bushes, flowers and trees need pruning, fertilizer, moth spraying and soil treatment.

f. Each unit owner is responsible for their exclusive use yard. Each unit needs to maintain their yard as to not disturb the use of other unit owners exterior space. There should be a schedule for yard maintenance and sanctions when not properly maintained.

g. The roof needs to have an annual clean-up of the debris that accumulates and an semi-annual owners’ viewing.

h. A contract to maintain and service the garage door annually is necessary.

i. Garage floor cleaning should occur every year.

j. The white wall at the base of the rear stairway needs to be repaired, painted and properly maintained.

k. Cleaning of common areas to be on a regular monthly basis and to include:

· All exterior and interior common area light fixtures to be cleaned thoroughly and burned out bulbs to be replaced.

· All common area windows and doors, walkways and porches cleaned.

· All common area stairways, floors, railings and rugs to be cleaned. All rugs were a gift from Susan twelve years ago. They are dirty and fraying. The back- stair rugs need to be cleaned and bound professionally. The front entry rugs need to be professionally cleaned as well.

l. Time and energy is required to safeguard the well-being of all residents. To keep costs down, each owner should be assigned rotating tasks. Presently both unit 1 and unit 3 do not participate in any maintenance activities at 431 Putnam Avenue.

8. Condo fees must be increased to offset the costs annually. We need to immediately improve condo fee deposits so that we are not issuing special assessments aall the time. No special assessments should exist here because we must have an updated budget equal to the costs.

	Budget	Actual
Category	2006	+/-	Variance
Master Insurance:	$3,071	$15,067	($11,996)
Common Water:	$1,200	$3,000	($1,800)
Electricity:	$400	$500	($100)
Snow Removal:	$300	$300	$0

Reserve:	$2,379	$7,500	($5,121)

Totals:	$7,350	$26,367	($19,017)

9. The light installed by unit 1 at my back porch must be removed and permanently sealed. As a motion sensor detector, it is inappropriate at the 2^nd floor level and disruptive.

10. Cabinetry blocking access to common areas, windows and the water shut-off valve must be removed so all have access in the basement to afford proper parking for all cars. Our deeds clearly state our parking areas. I want them defined as the parking variance stated, providing the sq. footage as allotted in the unit deeds. Unit 1 – 180 sq. ft., Unit 2 – 232 sq. ft. and unit 3- 245 sq. ft. The lines defining these spaces needs to be clearly indicated and the current lines need to be removed.

11. The fence needs be conforming on all sides to the new fence at the rear of the property. The caps need to be replaced on the east side of the fence. The fence needs be treated, repaired and stained. It should be coated every other year to preserve its longevity.

12. All invoices for work on the building and grounds are to be approved by written consent of all owners if work is to be greater than $200. All invoices for work performed to 431 Putnam Ave. common areas, and paid for by Karimi and family (unit 1) from 2015 to present to be provided.

13. Unit 1 to install proper cooking ventilation to the exterior or the building away from the rear porch area to eliminate noxious odors going into Unit 2’s interior space

14. The rat infestation needs be addressed by a contract with a professional exterminator on a monthly basis.

15. Food trash should be stored inside each owners’ unit until trash pick-up on Friday morning.

16. An automatic water sprinkling system to be installed to maintain all common area property.

17. The privacy hedges separating rear exclusive use patios and yards needs to be maintained to provide the landscape design intended to provide exclusive use privacy.

18. The rising cost of utilities demands that the unit owners in the association be able to purchase solar panels and install them on the roof to offset the cost. Access must be provided by unit three so that contractors and owners have roof access. Access to the roof must be made available to all unit owners given 24-hour notice.

19. Repair and Improvement Issues to be addressed by professional management:

a. The common front entry corner wall at the stair landing has not had the damage caused by a broken water pipe in unit 3 repaired. This damage has been ongoing since 2007.

b. The front entry decking, threshold and entry flooring need to be treated and restored.

c. In February, 2014, the common front entry door lock became inoperable. The locksmith had to custom refit the lock and move the intercom wiring. The plaster entry wall still needs repair and is in plain sight to the right of the interior foyer door when exiting the building.

d. All walls in common foyers must be repaired.

Sept. 2, 2021: Email Exchange

Email from Rafiq

To the Trustees of 431 Putnam Ave condo association:

As I said in a previous email dated July 21, 2021 (see below), we have a serious leak on our roof. The roof needs to be replaced. We have received a proposal from Branon & Son Construction for installing a new roof. I am calling a Trustees meeting for next Thursday, September 9, 2021, at 3pm, to discuss and vote on the proposal. If we get additional proposals, I will forward these as well.

Since this is an urgent matter, I am asking if you would be willing to agree to hold the Trustees meeting earlier, in which case we could meet on Tuesday, September 7, 2021, at 5pm. Please let me know if this works for you. The meeting will be held at my back porch. Thank you.

The proposal is attached to this email.

Rafiq

begin forwarded message:

JULY 21

From: Rafiq Karimi <rafiqsr2@gmail.com>

Subject: Roof Repair

Date: July 21, 2021 at 4:36:27 PM EDT

To: Susan Schlossberg <resourcesusan@gmail.com>, Re-sourceInc Account <susan@re-sourceinc.com>, Boris Katz <boris@csail.mit.edu>

Dear neighbors,

Rafiq <commercial standard notes 2.doc> <commercial standard notes 1.doc> 431 Putnam Ave Cambridge proposal (1).doc>

SEPTEMBER 7, 2021:

From: Conrad Bletzer, Jr.
Sent: Tuesday, September 7, 2021 4:20 PM
To: Cloherty, Daniel
Subject: Schlossberg

Dan,

As you know, I represent Susan Schlossberg. It is come to my attention that the trustees are trying to have a meeting regarding a roof repair. This is 1 of a number of repairs that needs to be done to the property. It is imperative that we get better communication between the parties so that my client can properly understand what it is that they are trying to do and how they are trying to do it. My client has been given no information about the roof leak. Apparently, this has been an ongoing issue since at least 2007. Boris apparently put an HVAC unit on the roof and that has caused leaking of the roof. Prior to taking a vote and authorizing a repair, it is necessary that each of the parties understands what the issue is and what has caused it. My client has had no access to the roof for 14 years. May suggest that someone take photos of the damaged area and retain an expert to determine what the problem is and what caused it. Once we have that information we will know whether it is Boris responsibility or the responsibility of the condominium Association. Please see the document attached for better outline of events. Can you and I get together at some point to discuss these issues and propose a rational solution? Please me know. Thanks, Conrad

Conrad J. Bletzer, Jr.

Bletzer and Bletzer, PC

300 Market Street

Brighton, MA 02135

617 – 254 – 8900

conrad@bletzerlaw.com

SEPTEMBER 8, 2021:

Sent: Wednesday, September 8, 2021 11:46 AM
To: Conrad Bletzer, Jr.
Subject: RE: Schlossberg

Conrad—

I understand that the roof leak issue has only arisen and was identified very recently, and that the Trustees are looking to act very promptly to avoid further damage to the structure resulting from the leak. Moreover, the Master Deed is clear that the roof is the responsibility of the condo association as a whole, not any of the individual owners, and your client has not been denied access to the roof for any inspection at any time.

I am sure you would agree that it is appropriate and makes sense for the Trustees to meet and make decisions about the roof leak as soon as possible, and I trust that your client will not take steps to obstruct or delay any such repair. Regardless, I will encourage any and all of the Trustees (including your client) to take photos of the damage and, separately, to make sure that your client has whatever access she would like to have to the roof in order to inspect it. To that end, if she has someone who wants to inspect the roof, or if she wishes to do so herself, please let me know and I will ensure that arrangements are made for that inspection promptly. And of course she is entitled to express her views about the matter at any meeting of the Trustees.

Happy to discuss this matter further. I am unfortunately really jammed up today on other matters, but I have some time on Thursday or Friday afternoons to discuss.

Thanks,

Danny

September 8, 2021: Email from Boris with pictures that purport to show roof damage. These pictures do not show anything recognizable, as they are merely closeups of holes in plastic.

Hi Susan,

I am attaching again the three photos I sent you earlier; I hope your attorneys can see them.

To answer your questions — the affected wall is across the hall from the 2nd bathroom, and the 3rd photo shows the perspective as it shows both the floor and the ceiling, and I placed a chair there so that you can see the approximate dimensions of the damage.

Going forward — I would like to request that you never again attempt to prevent my wife and me from entering our apartment, like you did tonight.

Thank you.

Boris

September 8, 2021: Danny, their lawyer, believes the roof issue is new. See email exchange of 9/8/2021 View emails

September 8, 2021: Email from Susan to Boris

Sep 8, 2021, at 5:43 PM, Susan Schlossberg <resourcesusan@gmail.com> wrote:

Show me perspective! Where, in which room, on which wall is the leak.

When is the next time I can view the damage inside??????? You slammed the door in my face tonight when I asked.

====

Sep 8, 2021, at 8:20 PM, Boris Katz <boris@csail.mit.edu> wrote:

Susan,

Rafiq tells me that you have some difficulty accessing the photos of water damage to the wall of Unit 3 from the leak on the roof.

To make it easier for you, I am attaching all 3 photos to this email.

Thank you.

Boris

September 9, 2021: Susan again asks Boris for information

Boris,

This is not forward able.

When can I view the damage?

Where have you placed the missing rail? This is a safety issue and must be repaired.

When are you fixing the garage door opener?

When are delivering the previous meeting minutes?

When are you providing the maintenance history and bills of your HVAC, and maintenance of the roof?

You are preventing me from viewing the damages right now, as you have done for all the years of your occupancy.

Call your insurance company. This is not an Association expense, based on the location of the stain. It is not a major leak!!!!!!!

Susan

September 9, 2021: Boris was on vacation since the before the August 13, 2021 vote. No access has been provided since Rafiq posted the need for a roofer on July 21, 2021. This meeting lasted 7 minutes. Most of the time was spent in silence because Rafiq and Boris did not want me to record this session.

To document the current events that occurred today, September 9, 2021:

My software developer produced an image of the roof with a over-layered image of Unit 3. View satellite photo with Unit 3 floorplan overlay

Boris and Rafiq wouldn’t look at it. They were only interested in their vote; no discussion.

The image show clearing the central drain, adjacent to the vent pipes in the area of the stained wall. The stain does not reach the ceiling because there is duct work above the stain leading to the central drain, where Unit 3 pipes the water run-off from the HVAC system in the master closet ceiling. The duct work is obviously leaking to the wall, not the roof, becau8se there is no staining at the top of the wall. The wall looks a little tattered with cracks in the higher level, which should have then repaired. The stain does not appear to be active, in other word, a one- time occurrence.

I called Moss Keane, the builder. He said that it wasn’t a roof problem but, rather a maintenance problem. He said to call John’s Sewer and Drain in Medford to flush out the problem. He suggested a professional with a camera that can view inside the vents and pipes.

It was also suggested that a HVAC professional with a mini camera view the pipes that have been placed over the roof to the central drain from Unit 3. The pipes may need maintenance.

Most of the utilities that service the building is in one spot. The rest of the roof should be holding if it is a 30-year roof. We need a roofing professional to explain the cuts, tapes, protutions in the roof.

Boris and Rafiq protested when I insisted on tape recording the meeting with my phone.

They spent more time trying to make me stop taping the conversation. They voted even thou I said I wanted a breakdown of the costs and clarity about the job.

They won’t listen to anything I say. I might as well have not been there.

September 9, 2021:

False Minutes of Trustee Meeting held September 9, 2021

September 13, 2021: Email Exchange between Conrad Bletzer and Daniel Cloherty September 13 and 14, 2021

From: Conrad Bletzer, Jr <ConradBletzer@bletzerlaw.com>
Sent: Monday, September 13, 2021 3:43 PM
To: Cloherty, Daniel <dcloherty@toddweld.com>
Subject: 341 Putnam Avenue condominium, Cambridge

Dan,

Please see attached files which demonstrate 2 problems going on at the 341 Putnam Avenue condominium. The 1^st file shows that the garage doors are having a problem. Apparently, Boris and Rafiq fixed the problem for their units but not for Susan's unit. As such, she cannot access the garage safely. Can you speak with your clients to resolve this issue for her as well? Apparently new door openers are needed. The 2^nd problem demonstrates that the so-called roof leak is not a roof leak at all but rather problem with the plumbing. The client apparently voted to replace or repair the roof leak which does not exist. Could you kindly speak with them and see if we can find a way to resolve this. Thanks, Conrad

Conrad J. Bletzer, Jr.

Bletzer and Bletzer, PC

300 Market Street

Brighton, MA 02135

617 – 254 – 8900

conrad@bletzerlaw.com

====

From: Cloherty, Daniel <dcloherty@toddweld.com>
Sent: Monday, September 13, 2021 4:32 PM
To: Conrad Bletzer, Jr <ConradBletzer@bletzerlaw.com>
Subject: Re: 341 Putnam Avenue condominium, Cambridge

Hi Conrad:

I will forward the information about the garage doors to the other Trustees. I will have to review the Master Deed to see how repairs to the garage doors are to be treated, as the garage doors may be subject to the exclusive use exception, but this sounds like it at least may be an appropriate subject for a meeting of the Trustees to discuss.

With respect to the roof issue, I am aware that two different roof professionals have personally inspected the roof and identified an external leak that requires immediate repair. I am not aware of any roofer who has determined otherwise. As I mentioned in my prior email to you, Susan has had since July 21, 2021, to contact any roofer to conduct an inspection of the roof, and it does not appear that she is done so. It is obviously late, given that the Trustees have already voted to address the roof issue, but Susan remains able to inspect the roof (or as is likely more appropriate, contact a professional to do so, given the significant hazards of getting up there and conducting such inspection).

Finally, Susan's memo regarding the roof references a "software developer" who apparently produced an "image of the roof." Please send me that image and the identity of the "software developer" so I can forward it to the other Trustees. It remains unclear to me what that image actually involves or how that image relates to the actual leak on the roof that has been identified. Also, to the extent that Mr. Keane has inspected the roof and come to a conclusion that "it wasn't a roof problem," please send that report to me promptly and I will share that information with the other Trustees.

I remain available to discuss this matter. Please let me know if there is a time this week that you would like to confer.

Best regards,

Danny

Daniel J. Cloherty

TODD & WELD LLP

One Federal Street

Boston, MA 02110

617-624-4774 (office)

617-686-0268 (cell)

============

From: Cloherty, Daniel <dcloherty@toddweld.com>
Sent: Monday, September 13, 2021 6:18 PM
To: Conrad Bletzer, Jr <ConradBletzer@bletzerlaw.com>
Subject: Re: 341 Putnam Avenue condominium, Cambridge

Conrad:

I have some additional information regarding the garage. My understanding is that the February 22, 2021 visit was in part to address problems with Ms. Schlossberg's remote, which apparently related to a misplaced battery in that remote. Both Mr. Katz and Ms. Schlossberg were present for that visit and repair, during which the repair person addressed issues with Ms. Schlossberg's remote.

Regardless, both Mr. Katz and Mr. Karimi confirm that their garage door remotes do not work from as great a distance as they did previously. They have no information suggesting that their remotes work any better than Ms. Schlossberg's remote. They certainly did not have their remotes "deliberately reprogrammed," and they too have struggled with this issue over the course of the past year. Fortunately, the garage remains accessible to all three Trustees through the use of all three remotes (albeit from a closer distance than previously), as well as through a pushbutton code near the door. Based on the foregoing, it seems likely that all three Trustees are experiencing the same third-party wifi interference that is described in Ms. Schlossberg's memo.

I have recommended that the Trustees place this garage door issue on their agenda at their next meeting. If Ms. Schlossberg would like to waive the 7-day notice requirement for that meeting, please let me know and I will encourage my clients to do so as well so they can address this matter as promptly as they can. I would also very much encourage Ms. Schlossberg to obtain any written estimates for this issue and to share those estimates with the other Trustees prior to any meeting.

Best regards,

Danny

Daniel J. Cloherty

TODD & WELD LLP

One Federal Street

Boston, MA 02110

617-624-4774 (office)

617-686-0268 (cell)

====

From: Conrad Bletzer, Jr <ConradBletzer@bletzerlaw.com>
Sent: Tuesday, September 14, 2021 10:41 AM
To: Cloherty, Daniel <dcloherty@toddweld.com>
Subject: RE: 341 Putnam Avenue condominium, Cambridge

Dan,

This is the response I received from my client regarding the roof:

I continue to ask for an inspection and Boris says no. When Rafiq e-mailed me about a leak on 7.21.2021, Boris was on vacation!!!!!

Boris did not come back until September. I had no access. I still don’t have access. I have viewed hundreds of roofs, while inspecting for clients. I have been a broker for 35 years or more. Boris said that I am not a professional and refused to let me view the inactive stain which looks to be caused by a combination of water and heat from the metal duct above.

I think it's clear we are getting different stories from our clients. The position of the stain does not look like it is caused by the roof. If you have a report by a roofer who did a roof inspection, can I see it and can you make arrangements with your clients for my client to see the roof? Thanks, Conrad

Conrad J. Bletzer, Jr.

Bletzer and Bletzer, PC

300 Market Street

Brighton, MA 02135

617 – 254 – 8900

conrad@bletzerlaw.com

====

From: Cloherty, Daniel <dcloherty@toddweld.com>
Sent: Tuesday, September 14, 2021 11:03 AM
To: Conrad Bletzer, Jr <ConradBletzer@bletzerlaw.com>
Subject: RE: 341 Putnam Avenue condominium, Cambridge

Conrad—

Your client has had access to the roof anytime (it is accessible from the outside by ladder, so a professional should likely do it due to the hazard involved). If Ms. Schlossberg has a roofer who wishes to go up there (or even bring her up there, if that is advisable), she can simply schedule it. If that professional also wants to inspect the damage from inside Mr. Katz’s apartment, I will make arrangements for that to happen as well—just let me know when she would like that to occur. But does she actually have a professional that she wants to conduct an inspection? She has of course had time to do this since July 21, 2021—Mr. Katz’s vacation schedule did not impact her ability to do so, and we heard nothing from her about the roof leak for many weeks.

I will obtain any reports and information from the two roofers who have been up there already. I also believe that there are some photos of the roof showing the damage, and will forward them to you.

I am not actually hearing different stories from our clients. I am hearing multiple complaints from your client, but no description of any actual steps by her to get a roofer to inspect or propose an actual repair to the roof, which has been leaking for weeks. I will be back in touch with the written information and any photos I can obtain. Thanks.

Danny

September 13, 2021: Email from Susan to Conrad

Good Afternoon Conrad,

I just got off of the phone with John Rossignoll, the owner of Budget Overhead Door. I have done business with him for over 20 years. He provided a service call on February 23, 2021 to Boris Katz. The job name was “Unit #3 and the First Floor”:

“Re-installed batteries on both transmitters that were working intermediately. Coded both remotes to read a checked operation. Installed new 9-volt battery in the key pad. Checked ????? (can’t read)

John is sending me a copy from his file at Budget. View invoice

I have asked for a clean copy of this invoice since June 18, 2021. I sent you a letter all about this on June 25, 2021. When I wrote that letter I questioned the invoice amount for $255.00. The normal charge for a service call is $165.00. Whatever was changed during that expensive service call on February 23, 2021 effected my transmitter so that I cannot get into the garage, backing up, down the driveway until the delayed signal is read. I can’t drive down the narrow driveway unless it is lit by the garage being opened before I start backwards, down the very dark, very steep driveway.

Boris and Rafiq deliberately re-programmed their remotes and left me out of the process. I have been struggling ever since.

John told me the following:

1. The interference with the signal is from increased broadcasting with Wifi and blue tooth. A major 3 family house just got finished across the street. There must me 6 or 7 people living with their separate systems. It is disrupting my signal. Apparently, Boris and Rafiq had it fixed just for them. Now called absolute interference and appearing frequently in neighborhoods like ours.

2. We have an obsolete garage door opener. Our door system was purchased in 2004 and we are now five series beyond the present current opener. Ours will not be able to function properly.

3. We can no longer get replacement parts to repair this machine.

4. A new garage door opener will cost ~$800.00 and only comes with two remotes. We can buy additional remotes for $$45.00 each.

5. John said he could install in approximately 2 weeks.

Conrad, we all must agree to update the system… now. I cannot get into the garage. This cannot wait. Last night came home in the dark and I couldn’t get into my space. Can you help?

Susan

Sept. 14, 2021: Susan must have emailed to Conrad on Sept 14. Boris and others were going up to the roof. Susan wanted to go up also but was not allowed. Uni-Ply Roofing Inc.. Middleton, MA – “Just Checking” – brought his own ladder, I did not see any pipe camera for viewing the plumbing pipe interiors.

There is no access to the roof from the stairwell; there is no access to the roof from anywhere except from unit 3.

Sept. 17, 2021: Email from Rafiq regarding a Trustees Meeting scheduled for Sept. 24, at 3:00pm.

1) Vote for Uni-Ply Roofing proposal for $4,312.50 with only a 5-year warranty?

2) Vote for Rafiq to move his compressor under my kitchen window., to reduce its sound level?

To the Trustees of 431 Putnam Ave condo association:

1. After our Trustees meeting on September 9, 2021, we received a proposal from another roofer, Uni-Ply Roofing, Inc. Therefore, I am calling a Trustees meeting for next Friday, September 24, 2021, at 3pm, to vote on whether we will keep the decision made at the September 9, 2021 meeting to engage Branon & Son Construction, or proceed with the proposal from Uni-Ply Roofing instead. The new proposal is attached to this email.

2. The second topic for the Trustees meeting is to vote on the request from Unit 1 to relocate their HVAC unit 6-7 feet away from the HVAC unit of Unit 2 in order to reduce its sound level.

The meeting will be held at my back porch.

Thank you.
Rafiq

Sept. 20, 2021: talked with John Rossignoll of Budget Overhead Door. Back on February 23, 2021 Boris had changed the garage door entry without telling Susan. This caused me serious and dangerous consequences. See Feb. 23, 2021. Someone has reset the lock sight so that it will work with minimum distance to open. John said that no one would repair the old opener. We must have a new opener installed. View invoice

Sept. 23, 2021:

Boris invites his personal insurance inspector/adjuster to view inside his unit.

Sept. 23, 2021: I bumped into Miguel Goyenench of America Construction Inc. in Harvard Square. He said he would fix all the problems here if he doesn’t have to deal with Boris. The past experiences with Boris drove him away. His crew built our homes for the developer in 2004 and 2005. He has superb referrals. And his work can be viewed throughout Cambridge.

Sept. 24, 2021: At 9:30 PM I got an email from Rafiq announcing a Annual Condo Association meeting on October 1, 2021 at 7:00PM on his back porch.

From: Rafiq Karimi <rafiqsr2@gmail.com>

Subject: annual condo association meeting, Friday, October 1, 2021, at 7pm

Date: September 24, 2021 at 9:31:29 PM EDT

To: Boris Katz <boris@csail.mit.edu>, Susan Schlossberg <resourcesusan@gmail.com>, Re-Source Inc. Account <susan@re-sourceinc.com>, "Katz, Natalya" <natalya@ascent.com>, Shams Karimi <shamsjrkarimi@gmail.com>

To the Trustees and Owners of 431 Putnam condo association:

I am calling an annual condo association meeting for next Friday, October 1, 2021, at 7pm to discuss the state of our condominium. This meeting will be held in my back porch.

Rafiq

====

Susan's Response:

Rafiq and Boris,

Please submit and the agenda for this meeting, 14 days before the meeting.

The financial information requested previous this month must be disclosed 3 days prior to a meeting.

Considering that this will be the first annual meeting since the Karimi arrived in September 2015, we must elect officers This will provide a vote for the governing body of the Association and the assignment for each member of the organization to contribute to the operations off the Association.

On the agenda, please provide answers to the correspondence dated September 1, 2021 - "This is what has to be done to come to an agreement before trial."

431 PUTNAM AVENUE CONDOMINIUM TRUST THIS DECLARATION OF TRUST, made this. 26th day of April, 2006 by 431 Putnam Ave., LLC (hereinafter called the "Trustee" or "Trustees," which term and any pronoun referring thereto shall be deemed to include his successors in trust hereunder and to mean the Trustee(s) for the time being hereunder, wherever the context so . permits).

Meetings: 5.8.1 The Trustees shall meet annually on the date of the annual meeting of the Unit Owners and may elect the Chairman, Treasurer, and Secretary as herein provided. Other meetings may be called by the Chairman and in such other manner as the Trustees may establish, provided however, that written notice of such meeting stating the place, day and hour thereof shall be given to the Trustees at least seven days before such meeting. 5.8.2 There shall be an annual meeting of the Unit Owners on October 1st of each year at 7:00 p.m. at the Condominium or at such other reasonable place and time as may be designated by the Trustees by written notice given to the Unit Owners at least seven days prior to the date so designated. Special meetings of the Unit Owners may be called at any time by the Trustees and shall be called by them upon the written request of Unit Owners holding at least twenty-five (25%) percent of the beneficial interest. Written notice of any such meeting, designating the place, date, and hour thereof shall be given by the Trustees to the Unit Owners at least fourteen days prior to the date so designated. At the annual meeting of Unit Owners, the Trustees shall submit reports of the management and finances of the Condominium. Whenever at any meeting the Trustees propose to submit to the Unit Owners any matter with respect to which approval of or action by the Unit Owners is necessary or appropriate, the notice of such meeting shall so state and reasonably specify such matter.

Sept. 24, 2021: Boris says that $4,500 proposal (Uni-Ply) is for a patch of the roof and that the $32,900 proposal is for the replacement of the roof. Neither proposal contained a breakdown of specified costs so the HVAC for unit 3 can be separated from the Association cost. There is no report if there is a issue of the roof. They voted to move Rafiq's compressor (unit 1) under my kitchen window to spare of the neighborhood of the noise, complained about for years. Rafiq and Boris refuse to put they're beyond their useful life and at the bottom of a unknown brand equipment in their exclusive use back yards away from all living quarters. I departed after the 2^nd vote from the meeting. There no logic in the meeting. No added information, no inspection, no report by a professional, and I am not privileged to view the damage. But they want a vote!!!

Sept. 24, 2021: Rafiq finally supplied the meeting notes from Aug. 13 and Sept. 9 Trustee meeting. I was not involved in the writing. Full of lies and omissions.

Falsified Minutes of meeting on August 13 received: View

Falsified Minutes of the September 9 meeting: Minutes of September 24 meeting

September 27, 2021: Rafiq sends an email that at the September 24, 2021 meeting they voted to hire Uni-Ply Roofing, Inc. to repair our roof. Asking for checks to cover the entire cost of $4,312.50 by September 29, 2021. My portion was 30.7% at $1,323.94.

September 30, 2021: Conrad asked for the line-time even though iot was not ready for prime time. By Oct. 6, it was looking much better.

October 1, 2021: Minutes of Association meeting

October 1, 2021: At two hours before the Annual Meeting, Rafiq emailed the Association bank statements for the Operating Account and the Reserve Account.

They were missing so much:

Opening Balances for January 1, 2021

Breakdown of deposits for all months

Paid Bills that match the checks, we asked for 9 years of paid bills.

Eight months of bank statements, we asked for 9 years of statements.

Cash Disbursement Journal reconciled to the statements.

October 1, 2021: At the Annual Condo Association meeting Rafiq handed out the single-entry accounting which is not able to be reconciled. They are paying significant money out of their pockets so it is not recorded in the bank accounts of the Association. They are billing me to repay each of them outside of the Association finances. Bills paid by Karimi and Katz:

S+H Construction - porch	$4,239.26
Shine our property – fence	$1,226.48
W. T. Phelan Insurance	$4,625.78
Rene Mugnier Associates	$1,197.00
Uni-Ply Roofing, Inc.	$1,323.94

	========
Total paid outside of Association	$12,612.46

They say the Operating Account had $4,201.22 and the Reserves Account has $7,612.72. in it at the end of 2020. Who cares about the end of 2020 when we are at the end of 2021. And we have no way of auditing the numbers.

October 1, 2021: Assumed Actual Expenses currently (2021)

Insurance	$15,500.
S+H Construction	$ 8,500.
Rene Mugnier	$ 5,020.
Water & Sewer	$ 3,500.
Snow Removal	$ 1,700.
Common Utilities	$ 500.
Lock Repair	$ 450.
Rafiq Karimi	$ 39.29

	=========
Disbursed	$35,209.29

October 1, 2021: At the Annual Condo Association meeting Rafiq handed out an analysis of the condo fees from July 1, 2016 to August 31, 2021. This was the first time learned of the how they see the finances even though they never voted on the increased condo fees and never increased the budget. The following transactions occurred without my knowledge:

· February 1, 2017: A $25.00 fine to anybody not paying their fee by the 10^th of the month.

· February 1, 2019:

o An increase of 50% starting on Feb. 1, 2019. Unit #2 would now owe $380. for operations, $97. for the Reserve Account and $25.00 for a monthly fine.

o Monthly cost for Condo fee was raised to $502. Still no status from the Association so I had no knowledge of the increase.

· August 1, 2020: An increase of 20% starting on August 1, 2020 -- again, this knowledge was not shared with me.

o Unit #2 to pay $456. From the Operating Account, $116 for the Reserve Account and the $25.00 fine. For a total of $597.00 per month.

From this, they say I owe $27,862 at September 30, 2021. Currently I have $14,756.14 in the Escrow for the 431 Putnam Avenue Association Account.

2021 Operating Budget Bank Statement

October 5, 2021: Rafiq emailed the S+H contract on October 5. It is dated October 4. S+H Submitted Revised Contract View Contract

October 5, 2021: Clerk of Courts told us to go with Judge Loo for mediation as soon as possible, also that our jury trial of Oct 12 2021 will postponed until January 25, 2022.

October 12, 2021: Minutes of Association meeting Presentation to Boris and Rafiq

October 12, 2021: Current construction problems began when Boris and Rafiq hired S+H Construction on November 9, 2019:

Without consulting me the other two unit owners contracted for emergency bracing of the front of the building by placing heavy structural beams from the ground to the front corners of my porch. A condition imposed by the City of Cambridge for using this approach was that the restoration work had to be completed within 180 days. Vertical bracing was installed at the front of the building by S+H Construction under its new owner Sarah Lawson, but the repair work was never commenced. Mr. Karimi and Mr. Katz took the position that the 2nd floor front porch is not part of the Common Areas. They refused to consider the structural integrity of the building as a whole and told me to hire my own contractor to repair the front of the building. That position is in direct opposition to clearly-written directives of the Master Deed.

Building Permit # 61055-2019 was issued on November 21, 2019. The application for that permit, filed by Mr. Katz, claims that he is the Owner. This is a fraudulent statement since Mr. Katz is the owner of Unit 3 but not the whole Condominium.

Some additional problems and anomalies with the application include:

1. The building permit was issued to Michael L. Segal. I never met with him, even though all 3 of us were required to sign off on the permit application.

2. The application was submitted on November 21^st, and approved the same date. This is very unusual as it takes time for inspectors to read, analyze, and research specifications.

3. The application specifies the description of proposed work as: “Replace railings and 3 columns on 1st front porch to match existing details. New railing will be 36 inch high.” However, on the actual permit it says they are going to “Replace railings and 2 columns on 1^st front porch to existing dimensions” not “details”, which has a very different meaning.

4. The cost of construction at that time was quoted as only $23,000 but is not clear what that covered since Mr. Karimi and Katz did not obtain a scope of work. In todays’ economy, it will likely be more than $200,000 to fully restore the porches and associated structural elements including the sub-roofs. Such is the cost of failing to properly maintain an historic building.

5. Debris removal completion date was specified as December 7, 2019. To date construction has not even begun.

6. Under “Building-Use” Michael Segal wrote “Multi Family (3 or more dwelling units).” In fact, it is a 3-unit condominium, which is a very different class of dwelling and requires signatures of all owners.

7. The application section labeled Homeowner’s Affidavit was left blank. The wives signed as owners while Boris and Rafiq signed as Trustees. They wrote, “The Trustees and owners of 431 Putnam Avenue Condominium approve the work proposed by S+H Construction on the front porch of our building.” Importantly, they never shared any of this information with me to discuss the restoration project even though I am the owner and resident of Unit 2.

8. The 431 Putnam Avenue Condominium Association is the managing entity of this property. It includes all 3 owners. Nowhere in the application or in contracts is the Unit 2 owner included or considered regarding scope of work or details of construction.

9. In the space labeled “Reconstruction or change to existing exterior building element (porch, deck, etc.)?” the applicants answered, “Yes.” They never talked to me. The Master Deed provides that the building cannot be defaced. See Master Deed Section 9c and Sections 12 and 13

10. Provisions of the Master Deed have been ignored.

11. No Architect/Registered Design Professional is provided in this application.

12. The Attestation reads: Are you submitting as the property owner or an authorized agent of the property owner? Answer “Yes.” Under “Applicant Signature” the applicant wrote “true” Under “Applicant Role” the applicant wrote “Authorized Agent.” This is clearly untrue as Unit 2 was excluded from any and all discussion or agreement.

13. he permit expired on September 10, 2020; however, CIS has extended it to date.

14. Previously, on October 26, 2020 Commissioner Ranjit Singanayagam and Branden Vigneault called a meeting of all owners at 431 Putnam Ave. Attorney Saraa Basaria, counsel for Karimi and Katz was present, but I had no representation since I had not been told that there would be lawyers there. Ms. Basaria controlled the meeting, taking charge immediately. She was intimidating to all. Mr. Vigneault didn’t speak and Comr. Singanayagam only spoke to answer Ms. Basaria’s questions. Ms. Basaria brought Mr. Anthony Forbes in, representing S+H Construction. Comr. Singanayagam told Ms. Basaria to hire a structural engineer to determine if the contract with S+H is adequate to repair the porch and to provide drawings of the proposed work. They planned that S+H would begin work on Nov. 2, 2020. So far nothing has been done.

October 22, 2020: The other owners were denied a preliminary injunction. Defendant/Plaintiff in counterclaim have preliminary failed to adhere to the meeting and notice requirements of the declaration of trust and in turn the protections therein afforded to all trustees/unit owners.

October 23, 2020: from Branden Vigneault - Dear All Unit Owners @ 431 Putnam Ave, Please make all the necessary steps to meet the Building Commissioner Ranjit Singanayagam and myself at Inspectional Services Dept. at 831 MA Ave on Monday 10/26/2020 for a meeting from 3:30-4pm at the Building Commissioner’s request regarding the current unsafe conditions. (The construction under the current building permit to address the porch must commence immediately without further delay due to the unsafe conditions.)

Nov. 18. 2020: from Rene Mugnier

1. “shoring cannot remain more than 180 days as per the MA State Bldg. Code and after this time it becomes illegal.

2. The guardrails were not designed as per Code. This issue should be resolved probably with the Historical Commission and the build department.

3. A 2x12 wood beam is badly undersized or the load and a roof beam appears to be undersized.

4. Columns are spliced at the level of the guardrail which is improper creating a hinge.

5. Questionable improper footings in the left corner brick structure of the porch.

6. Popped-up nails under the porch. The member are not properly connected.

7. Recommend replacing th decking as well as the columns and guardrails.

8. The structural members of the second floor and roof must be exposed and addressed. All damaged members must be replaced.

9. The slant of the (2^nd floor) deck is concerning as in winter this may trigger dangerous sliding.

So, on March 19, 2021 I talked with Mugnier‘s office and was told that yesterday Rafiq and Boris had their final meeting and had picked up the drawings on March 11^th or 12^th. I was not told about any meetings. I still don’t anything about know the design. I was right back where I started back on June 15, 2019 when I hired an inspector to inform the Association of the hazardous condition.

Modification to Building Permit # 61055-2019: An application for modification of Permit #61055 was made June 3, 2021. Building Permit Modification #124754, was issued on June 10, 2021.

On September 17, 2021, S+H Construction submitted their estimate to Boris Katz. Boris withheld it from the Annual Meeting on October 1, 2021.

On October 5, 2021, Rafiq e-mailed for another Trustees Meeting for Tuesday, October 12, 2021 at 4:00 PM to discuss and vote on the REVISED contract to repair the front porch. Obviously from the notes below, Susan was completely ignored. The few written notes don’t reflect the conversation where they repeatedly said we would get a new proposal. I never expected the old proposal with the previous Scope of Work to have the same exact wording as the new contract Scope of Work.

Some of the differences between the original permit and the modification include:

1. It provides for Approved Changes: "4 new posts on Sonotubes, 4 new newel posts, Re-place 2 additional columns at second floor deck. Additional framing members at 1st and 2nd floor decks. Potential replacement of decking.”

2. For these changes, Mr. Katz listed the owner’s name as “431 Putnam Avenue, LLC.” That entity did not even exist at that time. It had once belonged to Mark Boyce Watson and Hassanaly Ladha, who had developed the dwelling into a 3-unit condominium; however, that LLC was dissolved years ago.

3. Knowingly filing an application for a permit using a false name may constitute actionable fraud.

4. I was unaware of both the original building permit and modification applications because my name never appeared on the documents even though I am the owner/resident of Unit 2.

5. The named applicant is Ed Sullivan, a person with very little experience in construction. He is in fact the fourth person from S+H Construction to take over project management at this address. He is not qualified. I have asked for his resume in the past and still have received no response from S+H. The project manager for a job of this magnitude must be able to read plans.

6. Rene Mugnier is listed as the Architect/Registered Design Professional; however, Mr. Mugnier is unaware that he is named as the designated designer. Mr. Mugnier was originally brought in by me for a consultation because he is famed in Cambridge as a structural engineer.

7. There is no architect employed or consulted for this project. The detail in this building must be preserved and the Master Deed and Trust verify this; however, Mr. Karimi and Mr. Katz and S+H are ignoring this issue.

8. Charles Sullivan, the Executive Director of the Cambridge Historical Commission has written expressly about this issue.

9. Rene Mugnier, structural engineer who had been employed by me, also had no knowledge of these events. At the time of the October 26 meeting Mr. Mugnier told me that Mr. Katz and Mr. Karimi said I did not want to participate in the process. As a result, I was left out of all discussions. Similar deceit and slander has been ongoing for years. The other owners have lied about me to every contractor we have engaged to help maintain this property. No contractor that I have known for the duration of my real estate career (over 50 years) will agree to work with Mr. Katz because he refuses to pay for a proper job done by competent people.

10. Rene Mugnier offered to speak with the Commissioner. He was terribly apologetic

11. because was been misled to believe that I was not interested in participating in the discussions. In the new permit dated June 10, under Personnel Changes – Architect/ Registered Design Professional, the answer given is” true.” Exactly what does that mean? There is no change in personnel, and there is still no architect.

12. S&H Construction has increased its fees by $75,000 according to the application, an in-crease of more than 3 times over the previous amount.

13. This application for modification is the first time I have been made aware of the S+H additional costs.

14. There is still no scope of work or description of details listed.

15. S+H must be held responsible for the damage to my porch for the improperly installed shoring that underpinned my porch for close to two years. The bracing has been in place since January 10, 2020. That is more than 575 days so far and over a year longer than the original ISD limit of 180 days. It is almost as if Mr. Karimi and Katz are flaunting defiance of the order.

On September 24, 2021, after Rafiq and Boris received September 9^th and 13^th minutes from Dan, who was designated note -taker and provider of the minute, as discussed at the meeting, left with the notes. The notes taken do not reflect my position. I was not heard. J. Shetterly, my neighbor and a lawyer sat in on the meeting to assist. He wrote a follow-up e-mail to Dan Cloherty that was not corrected by me when it was sent out August 13, 2021 at 6:38 PM.

On September 24, 2021 – Rafiq announced an Annual Meeting for October 1, 2021 and never mentioned the meeting notes so that I could correct them.

See spreadsheet below for details.

	Estimates 11-8-2019	Change Order #2	Estimate 3
	1st floor railing	7-15-2021	9-1-2021
	replacement	1st & 2nd floor	per Mugnier
		deck repair	drawing

General Requirements	$7,340	$30,652	$31,941
===============================	=================	============	==========
Misc. General Conditions	$1,830	$7,092	$7,974
Project Supervision	$1,875	$11,200	$11,200	Should be Rene Mugnier
Project Management	$625	$4,900	$4,900	Resumé of manager?
Architect/Designer	-0-	$1,150	$1,150	Who? Not our choice!
Permitting	$506	$1,380	$1,380	Which permits?
Builder's Fee - Insurance, tools,	$845	$3,274	$3,682	For exactly what?
(parking, other costs?)				Parking for S+H?
Parking Permit - 2 months 2 cars	-0-	$1,196	$1,196	Car #3? Only 2 months?
Portable toilet - 3 months	$230	$460	$460
Dumpster	$1,430
===============================	=================	============	==========
Total General Requirements	$7,341	$30,652	$32,942

Concrete		$7,566	$7,566	Complete demolition
Demolition (existing decking remains)		$4,300	$4,300	in contract
*Shoring & underpinning	$1,480	$11,363	$11,363	Already done in Jan, 2020
1st floor railing & column bases	$12,875	$25,530	$25,530	Material & labor costs?
(no replacement decking)
Patching decking		$1,975	$1,975	Unacceptable
Rough carpentry	-0-	($700)	($700)	Change #2 Accounting
Other rough carpentry		$12,675	$12,675	No explanation
Exterior finish carpentry	-0-	($4,200)	($4,200)	Estimate #3 Accounting
Finish painting NOT included	$1,308	$0	$0	Must be finished painted
Labor & materials	$15,663	$58,509	$68,309	Breakdown required
===============================	=================	============	==========
Total Costs	$23,003	$89,161	$100,251

This spreadsheet further explains the problem that S+H is experiencing under the management of Sarah Lawson. We have no explanation for the remarkably increased costs with the same scope of work. The under-pinning and shoring has been erected ill-legally for more than 650 days and the building code says it is an emergency measure that cannot remain more than 180 days. It is puzzling to understand why the shoring and under-pinning as increased to $11,363 when it has been in place for 650 days for an already paid sum of $8,500. This estimate does not include replacement of the decking. How much do they estimate that would cost? Finish painting is not included? Why?

The accounting from S+H has no double-entry controls therefore, S+H is over-charging 431 Putnam Ave. Assoc. an additional $9,800. They can’t manage themselves, so how are they going to manage us for the $17,250 they are planning on charging us?

Which bring us to Exhibit C - Limited Warranty- This document, signed by Boris eliminates my ability to sue S+H for the damage to my porch when they never received permission to under-pin it. This was not shared with me until the Injunction Trial on September 20, 2020. This Limited Warranty is part of the whole contract and gives me no protection.

We must make the repairs to the entire property expediently, to stop the deterioration. We need to first look at the underlying problems causing deterioration to formulate a permanent solution. This means that repair or replacement of down spouts, gutters, sub-roofing components and broken clapboards is necessary. Of course, painting is necessary as well.

Our inability to find solutions to condominium issues dictates the need for an experienced management consultant to direct the repairs of the property. There are too many maintenance items looming not to co-ordinate a strategically executed predicable plan. This is an expensive process and with every passing season the deterioration increases and costs are increasing exponentially. We need to budget our money in an orderly fashion.

October 12, 2021: Morning: Susan called Mike regarding the pounding on 3rd floor and roof, dropping tools off roof, cracks in her walls, etc. This pounding created multiple cracks in various walls throughout Unit 2.

Video Images Audio

Discovery was made regarding lack of proper permitting to work on the roof and that these individuals seem to have had no roofing or HVAC Licenses. Here is what we do know about their licensing: View license details

The company is from Middleton. How did Boris find them? They are obscure and have no referrals.

Oct 12, 2021: Trustees meeting 4:00 PM Susan delivered Letter to Trustees regarding S+H revised contract dated October 4th. I object to using S+H for major reasons delivered on October 12

October 19, 2021: Letter to Police in preparation of Oct. 25 View letter

S+H Construction plans to start work Monday, Oct, 25, 2021 Susan wanted to alert the police that there could be an incident. Police may be forced to call Cambridge Inspectional services to settle the dispute over the lack of architecture.

Oct. 26, 2021:

During the afternoon of October 26, I heard pounding on the roof or on the HVAC a couple of hours before a Nor-Easter storm was predicted to strike with wind speeds at 80 miles per hour. I did not view any one entering 431 Putnam Avenue. What I observed this morning:

1. The lights in the back hallway had been adjusted to be tuned on permanently.

2. The wall had been marred at the basement level and at 2nd floor level.

When I came home from the gym, I saw that the lights were still on in the back hall. They were tuned off about 15 minutes later.

Who gets to repair the damaged walls?

November 4, 2021: Pounding on ceiling all day

Baker-Elman Plumbing Company was pounding on Susan's ceiling all day! They even set off multiple smoke/fire alarms which Susan could not turn off. She called two friends, neither of which could solve the problem. She had to call the fire department.

November 1 and 2, 2021: George Vicente, Jr. – G. V. Premium Builders LLC, General Contractor, 35 Cottage St., Chelsea, MA, 857-318-4046, WWW.GVpremiumbuilders.com See picture of his truck. He was here for 2 days. Pounding on the HVAC venting to the roof, rearranging the structure in unit 2. Walls cracked, the back door brass door knob got unscrewed and fell to the floor, the 125 year old wood flooring was popping out the pieces of wood in the foyer, by the round wall at the guest bathroom, under where the vent to the roof.

November 4, 2021: Baker – Elman Plumbing Company, Newton, Sharon and Randolph, WWW.bakelman.com. From 9_00AM to 2:00PM - more pounding…

On July 10, 2008, Boris told David Elman when he perused my master bathroom that no matter how much water damage, no one would be allowed to open up the walls in Unit #3. See picture of Baker – Elman truck on Nov. 4, 2021

November 4, 2021: Santander Bank (previously Sovereign Bank) called asking about the bank relationship. I asked who had signing power. Only Boris, Natalya and Christine, who hasn’t been here since 2016, have signature power.

November 4, 2021: The Carbon Monoxide and smoke detectors all started sounding the alarm at once. The noise was so intense I could no longer speak. I contacted the Fire Department because I can’t be on a ladder. The turned off the alarms.

Hear Susan's voicemail of 5:44 pm

Additionally, many more cracks were put into Susan's ceiling and walls.

November 5, 2021 – Purchased alarms at Home Depot for about $300. The old 2005 could not be replaced with combination alarms. I have to call an electrician to install them. The boys from the Fire Dept. said it was from all the banging from upstairs.

November 6, 2021 - Mike - This is the first receipt in what will be a very expensive repair of all the damage caused by unit #3. The windows are in the process of being repaired and from all of the vibrations, the storm window in my master bedroom cracked. The vent registers for the HVAC are located at the ceiling level. The cracks in the paint and paint track all the way to the floor. All the smoke alarms went off simultaneously on November 4, 2021 when I had to call in the Fire Department. They said that I now need to replace all four alarms which require an electrician. I’m this economy I cannot find an available contractor to repair my windows and electrician for anything.

All this damage and Boris continues to slam his door in my face. He and his wife heard and saw the 6 firemen here.

I need to have someone photograph the cracks that have been caused by the banging upstairs by the incompetent workman hired by Boris. I feel that because of the condition of the building, the insurance company for the building will not listen to my claim. Now what?

November 8, 2021: Construction company, Carpenters Edge, arrived. I asked them if they were going to work on the building. They did not respond and packed up and left immediately without explanation of what they intended to do dispite knowing that I am an owner.

View images

November 17, 2021: Judge Lu was supposed to meet with us @2:30 for mediation. While seated in the hallway Conrad received an additional contract with S+H Construction from Danny. I had never seen it and it was dated October 18, 2021. Conrad said that Danny was not sure if it was the last contract and he was going to send another contract soon. Judge Lu met with us at 4:30 just to make introductions. He would not be available until December.

November 18, 2021: Date of reporting to my personal insurance agency the loss due to the negligence of Boris and the banging.

November 19, 2021: I had been outside raking the driveway and front yard when I went back into my unit. It was permeated with the odor of cooking from unit #1, again…… after attempting mediation 48 hours previously. I called Rafiq on his cell phone and said "How many times must I call you to vent your unit?" He replied, "How many times have I told you not to bother me." He slammed the phone off. I went down the back stairway and knocked on his door. Predictably no answer. I knocked on his front door, I rang the doorbell twice. Like so many times in the past, No Response.

November 20, 2021: RickZak@SafetyInsurance.com (800-951-2100) assigned a claim number LHMA0036C6 to by case. Independent Claims Service, Inc. would be in touch. Carolyn Gross, my agent had it under control.

November 22, 2021: I met Moss Keane at Simonds Coffee. I begged him for a quote on the porches. I immediately came home to call Rene' Mugnier to have him fix the drawing so we can get an accurate quote. I have spoken with Rene's secretary, Penelope at least 3x's and he still hasn't called back. What did Boris say to him???? I emailed the March 10, 2021 structural engineer plans to Moss and I delivered the original sizes plans to Moss's back door along with a copy of the latest S+H Contract. We discussed the excessive cost of S+H and I gave him the estimate that he originally provided the Association with in December 2011 for $22,800 (Similar to the first S+H estimate in contract).

November 22, 2021: Conrad asked if I was available the last week in December. I said that my daughter and grand-daughter we coming on December 24th and I had not seen my granddaughter since 2017, my daughter, while in the hospital after my stroke in January, 2019. I told him that a Zoom hearing is not good for me because I can't hear Boris well enough to respond. He tends to speak very softly when presenting his opinion.

November 23, 2021: The claims Adjuster, Brendan Blanchard, arrived and spent 2 hours surveying the damage. I gave him page 112 and 113 of the time line and an emailed copy of the Master deed and the Trust of the Association.

November 24, 2021: The 2 parking spaces in front of the property were blocked off for the S+H Construction vehicles to arrive on Tuesday 11/30/2021 and remain until January 30, 2022. Our trial starts this time at January 31st. I e-mailed Conrad about my previous concerns;

· Danny was supposed to have agreed to pause the S+H contract, especially because had displayed a contract dated 10/18/2021 which I had never seen and occurred after Boris signed the contract in October.

· The Adjuster has notes of the doors, floors, walls, windows and art installations and customized closets. This is a significant claim.

· Rene' has yet to return my phone calls. We cannot go forward without him.

· We must have an architect involved before we start repairs.

November 29, 2021: I came home from the gym around 9:00AM. Carpenters Edge, Andover, MA apparently had been given a sub-contract from S+H Construction and began taking apart the first-floor decking and the post controlling the rails at the stairway. It took several requests to get the name of the owner managing the crew, Mike Medeiros. He told me he had a "unrestricted supervisors license". I called the police, I called Commissioner Ranjit and I met with him in his office, Inspector Vigneault was here twice. The Commissioner pulled the permit because it was filed illegally by the original LLC, owned by Mark Boyes Watson and Ally Ladha. had dissolved the LLC in 2007. After they sold all the units as condos.

Danny, Boris' attorney, wrote an email to Conrad saying I wouldn't allow access to my 2nd floor porch. He threatens court again. Still no work on the contract proposal that we were shown in court on November 17, 2021. We still don't have a estimate with correction in their accounting.

Pictures…….. Blue shirts We have no permit for Carpenters Edge Nothing in contract about faming out the work. NEED NEW COPIES IN HIGHER RESOLUTION

November 30, 2021: The adjuster, Brendan Blanchard called saying that there was too much damage not to get the master insurance policy agent, W. T. Phelan and the only person from the Association who is approved to talk with them is Boris Katz, involved. The master insurance has a $5,000 deductible and Boris' personal insurance policy has a $1,000 deductible. Both companies are reporting only to Boris. A month ago I asked a better dressed gentleman going up the stairway if he was going to the roof. He said he was from the insurance agency. He was in unit 3. He didn't have a ladder, so he wasn’t on the roof. He was obviously checking out the damage from the HVAC. He would have written some kind of report that I should be able to view.

December 1 - 10, 2021: The decking was removed from the 1st floor porch by Carpenter Edge without proper instruction by the structural engineer (originally contracted to supervise the project in the January 6, 2021) or proper permitting required by the Cambridge Inspectional Services department. The crew removed more decking than Rene Mugniers plans call for and they have exposed the displaced decking board in the exclusive use back yard of unit #1. It has already rained on the expensive decking. This and other activities lead to waste and mismanagement. The decking needed to be stacked and kept dry and away from bugs (critters are prevalent in Unit #1's back yard due to the lack of maintenance)

The crew followed Rafiqs' orders and placed the exposed wood in the back patio of unit 1. On the back porch of unit #1 the exposed wood that was placed two years was ear-marked for the porch by S+H construction. Do Rafiq and Boris think that the materials used to rebuild the porch can withstand, snow, rain and sun for years while it is waiting to be reclassified as waste or fire wood because the ends have curled and dried out and it is not suitable for re-use.

Unit #3 and Unit #1 have a substandard HVAC installation and have not corrected the problem since they have moved in here. Both HVAC units should be relocated to the back of their exclusive use yards. The work performed on the roof and in unit #3 have caused serious damage to the common areas and to my unit, unit #2.

December 8, 2021: Boris and Rafiq forges a document, dated October 12, 2021 stating that they had voted and approved the repairs of the porches, in accordance with the contract with S&H Construction. Susan was never asked to sig. See November 19 above

December 8, 2021: I called twice on this date to Nancy Theriault of Phelan Insurance Co. asking for a Claims Report. This form was sent to me as a Claims Report:

MANAGEMENT COMPANY CO., INC.

INCIDENT REPORT

PROPERTY NAME:

CRIMINAL MAINTENANCE SERVICES

Type of Incident:

_____Assault _____ Alarm _____ Medical Emerg

____ Maintenance Emergency _____ Assist Other

_____ Stolen vehicle _____ Personal Accident Department

_____ Vandalism _____ Auto Accident _____ Other

_____Disturbance _____ Bomb Threat

_____Other _____ Unsecured Property

_____ Smoke/Odor Invest.

_____ Safety Hazard

_____ Roof/Water Leak

_____ Other

Date of Incident: __________________ Time of Incident: _________ AM or PM

Date Incident Reported: ____________ Time Incident reported: AM or PM

Complainant/Person reporting:

Name:_____________________________ Sex: _____M _____ F Phone#______

Address: ___________________________________

Zip:________

Is reporting party involved in incident? _______ (YES)_______ (NO)

If no describe the relationship of reporting party (witness, relative, etc.)

Victim (if other than reporting party):

Name:_____________ Sex: ______M ______F Phone#__________

Address: _____________________________

State & Zip: __________________________________________

How was report received: ____At time of incident:____Relayed in person____Relayed by telephone_______________

Reason for delay(if any): _________________________________________________

Were local authorities notified:____(YES) ___NO) By Whom: ___________________

Police: ______ Fire: ______ Ambulance: ______ Officers name:__________________

Time of arrival: ______PM_____ AM

Description of Incident:___________________________________________________

Exact location of incident (give landmarks):

Was client notified:_____(YES)________ (NO) Whom notified?___________________

Was account supervisor notified:______ (YES)____(NO) To Whom:______________

She labeled it a "master policy incident report " and emailed that upon completion she would forward it to the claims team, for notifying the insurance carrier. At the same time, she notified Boris, Natalia, Rafiq and Shams without informing me, breaking privacy laws and obstructing the process.

Boris responds by e-mail:

From: Boris Katz <boris@csail.mit.edu>

Subject: Re: 431 Putnam Avenue Condominium, QSRMA31665 - Incident Report

Date: December 8, 2021 at 6:57:48 PM EST

To: Nancy Theriault <nancy.theriault@wtphelan.com>

Cc: "susan@re-sourceinc.com" <susan@re-sourceinc.com>, Rafiq Karimi <rafiqsr2@gmail.com>, "shamsjrkarimi@gmail.com" <shamsjrkarimi@gmail.com>, Boris Katz <boris@mit.edu>

Dear Nancy,

Thank you for sharing.

I just wanted to let you know that the condo association is not aware of any incidents at this time, and we would like to be notified of any report you receive. Thank you.

Boris Katz

Trustee, treasurer, owner

431 Putnam Avenue condo association

December 10, 2021: John Zullo and his 2 man crew arrived to clean up the exclusive use area of Unit #1 and Unit #3. I had raked the front, side and my exclusive use area several times including yesterday. Rafiq spent a lot of time talking with the crew and John. He had the crew cover up the decking before they left. The cover is not waterproof and it is too late to save the wood. They were here for 2 hours. Rafiq have John a $100. bill as a tip.

December 13, 2021: Branden Vigneault – “Hi Eric(?), the current letter needs the 2^nd floor unit owner’s signature (Susan S.) on the Condo Association letter. Please make a comment here when uploaded.

December 15, 2021: Started calling Nancy Theriault to claim report on December 13th. I called her several times on December 15th. When she responded to my request for a claims form and the name of an adjuster to view the damages she was interrupted. I believe she was interrupted by Steve Cohen, who has been involved with the insurance issues from the beginning. She put he on hold and never got back to me.

December 16, 2021:

From: Susan Schlossberg <resourcesusan@gmail.com>
Sent: Thursday, December 16, 2021 6:09 AM
To: Zak, Rick <RickZak@SafetyInsurance.com>
Subject: [EXT] 2nd insurance claim

Susan,

I really do not understand what you are asking in this letter. I am available today if you would like to call me.

Rick

December 16, 2021:

Rick Zak, Property Claims Examiner Safety Insurance

P.O. Box 55098

Boston, MA 02205-5098

RickZak@SafetyInsurance 800-951-2100

Good Morning Rick,

I hope you've had a pleasant vacation.

Sorry to have to introduce you to another aspect of my claim against the 431 Putnam Avenue Condominium Association. After yesterday's telephone call to the agent at W. T. Phelan Insurance I need council to process an additional claim to be filed with the master insurance policy of the 431 Putnam Ave. Association. I will explain to the best of my knowledge.

As you know, I have a claim with Safety Insurance (claim #LHMA0036C6), date of loss as 11/18/2021. You sent Brendan Blanchard, the claims adjuster from Independent Claims Services, to view the damages on November 23, 2021. He is very efficient and I gave him what I think he needed to begin the process. He spoke with me while you were away saying that I should file a complaint with the master insurance policy for the condominium. This is what I encountered:

Nancy Theriault, the account manager at W.T. Phelan Insurance Agency, responded to my request for a claims form by sending me a "Management Company Co., Inc. Incident Report", copied below. The form she sent is not designed for an appropriate response in this case.

Ms. Therault sent an email to me and also sent a copy to Boris Katz, Natalya Katz, Rafiq Karimi and Shams Karimi. I believe this may be a conflict of interest and self-serving as she is the agent for the Association's policy with Lloyds of London, and that policy has a $16,000 premium due in January 2021. She has stood in the way of progress since September 2017 when we got an insurance inspection. Boris has been telling Ms. Therault that repairs have been effected (painting, etc.) but to date no repairs have been made to address any issues included in the report. Ms. Thaerault has been proceding without verification of Boris' false claims.

Lloyds Insurance had an inspection report dated February 12, 2021 and no one has shared it with me, and no one from Lloyds will answer my telephone calls. Nancy tells me that Lloyds will only speak with Boris.

Yesterday, when I called Nancy to get a claims form and the name of an adjuster to view the damages she started to respond but was interrupted by someone. I believe that person was Steve Cohen who has been involved with our insurance issues from the beginning of the Karimi residency. Nancy put me on hold and never got back to me.

Boris Katz, the 3rd floor owner responds

From: Boris Katz <boris@csail.mit.edu>

Subject: Re: 431 Putnam Avenue Condominium, QSRMA31665 - Incident Report Date: December 8, 2021 at 6:57:48 PM EST

To: Nancy Theriault <nancy.theriault@wtphelan.com>

Cc: "susan@re-sourceinc.com" <susan@re-sourceinc.com>, Rafiq Karimi <rafiqsr2@gmail.com>, "shamsjrkarimi@gmail.com" <shamsjrkarimi@gmail.com>, Boris Katz <boris@mit.edu>

Dear Nancy,

Thank you for sharing.

I just wanted to let you know that the condo association is not aware of any incidents at this time, and we would like to be notified of any report you receive.

Thank you. Boris Katz

Trustee, treasurer, owner

431 Putnam Avenue condo association

2006	Motion Detectors installed	$885
	Mail Boxes Purchased	$1,042
2007	Roof Repair	$1,950
	Exterior faucet/Interior shut-off	$340
	Mail box installation	$245
2009	Transfer to Operating Account for repairs	$2,500
2011	Drainage at garage windows and repairs	$1,000
2012	Transfer to Operating Account for insurance	$1,000
2013	Transfer to Operating Account for fence	$1,600
	{Unit 3 fence damaged by abutter}
2014	Transfer to Operating Account -- Reason?	$1,000
		=======
	Total:	$11,562

Issue	Date(s)	Notes/location
Acquired trigger finger	May 13, 2014
Sprain of interphalangeal joint of finger	September 8, 2014
Breast mass	May 1, 2015
Psoriasis	April 13, 2017
Rosacea	April 13, 2017
Dysthymic disorder	April 13, 2017	mild depression
Acute cerebrovascular accident (CVA) - Stroke	January 10, 2019	It was a pleasure taking care of you. You were admitted to Mount Auburn Hospital from 1/10/2019 after being found down in your home. You were found to have had a stroke on a CT scan of your brain as a result of a clot from newly discovered atrial fibrillation (or uncoordinated pumping of your heart that can lead to the formation of clots). You were found to have new heart failure (your heart having difficulty pumping blood and moving sluggishly) and some sensory deficits on the right side of your body. You were found to have elevated liver enzymes which we think is being caused by your heart failure at this time. You are also having difficulty with speech. You were evaluated by cardiology and neurology and received medications to slow your heart rate and medications to control your blood pressure, and aspirin. You were seen by the speech team, physical therapy, and occupational therapists. We trended your blood work and your symptoms having slowly been improving. When you were medically safe and you were feeling better, you were sent to rehab for further management of your symptoms.
CHF (congestive heart failure)	January 10, 2019
Benign essential hypertension	January 10, 2019
Takotsubo cardiomyopathy	January 10, 2019	Stress-induced cardiomyopathy
Embolus	January 25, 2019	"presenting to Lahey Hospital on 1/25/19 with acute left lower extremity ischemia 2/2 femoral embolus now s/p embolectomies. Patient was in rehabilitation for her stroke when she developed sudden onset paresthesias of the LLE while walking, found to have absent femoral and peripheral pulses. CTA showed embolus with occlusion of the left common femoral, proximal profunda, and SFA. Repeat CT head in ED did not show worsening of previous infarction."
Atherosclerosis	April 5, 2019	Atherosclerosis of native coronary artery of native heart without angina pectoris
Obesity (BMI 30.0-34.9)	April 7, 2019
Hyperkalemia	April 15, 2019	High potasium level - can cause arrhythmias
Colitis	July 5, 2021	Inflamed Colon
Leukocytosis	July 5, 2021	Elevated white blood cell (WBC) count
Confusion	July 5, 2021
Elevated troponin	July 5, 2021	Indicator for heart damage
Hypoxia	July 5, 2021
Amnesia	January 9, 2023	MGH Emergency Visit

Hospital Visits
Breast Mass	9-Jul-15	Brigham and Women's Hospital
Stroke and Embolism	January 10 - 17, 2019	MOUNT AUBURN HOSPITAL
Rehab	February 02 - 22, 2019	Spaulding Rehab Hospital Boston
Dofetilide loading for afib treatment	March 09, 2019 - 12, 2019	Massachusetts General Hospital
Ablation to treat afib	January 30 - 31, 2020	Massachusetts General Hospital
Diverticulitis	April 11 - 13, 2021	MOUNT AUBURN HOSPITAL
Routine Screening Colonoscopy	30-Jun-21	Massachusetts General Hospital
Colitis and Leukocytosis	July 04 - 08, 2021	Massachusetts General Hospital
Amnesia	January 9, 2023	MGH Emergency Dept


Embolectomy of the left profunda and left common femoral artery.	January 25, 2019	"She was taken to OR on 1/25/19 for embolectomy of the left profunda and left common femoral artery, on POD 1 noted to have dopplerable but thready pulses on left, repeat CTA with retained thrombus in popliteal artery."
thromboembolectomy - developed shock in setting of Afib with RVR	January 27, 2019	"She was taken to OR on 1/27/19 for popliteal and tibial thromboembolectomy, developed shock in setting of Afib with RVR requiring pressors, which were weaned on 1/29/19. She was started on Eliquis on 1/31/19 per cardiology and neurology at Lahey."