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Tortured Pro Se litigant Needs a Miracle
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49 Weeks running

Imagine for a moment after a long hard day, you turn down your comforter, get into bed, turn off your bedroom light, close your eyes, and take a deep breath, ready to drift off to sleep. But instead of being able to sleep, you start to feel your whole bed sway back and forth, side to side as if you're on a boat. Imagine feeling like your floors are swaying, for hours on end to the point where your head starts pounding, you can't control the crying that comes over you and eventually you end up vomiting up your dinner all over your clean sheets. You watch the glass of water on your nightstand splash back and forth, and there is nothing you can do to make it stop. It keeps you up until 3, 4, and 5 am, and sleep deprived you try to get through the day on less than 4 hours of sleep. Your body starts breaking down, your brain feels like its playing tricks on you; you can't remember where you parked your car, or even what you ate yesterday, and everything in your life slowly starts crumbling. Our homes are suppose to be our havens and mine is my hell. 

I purchased my first condo only to discover 4 years later, when some houseguests a mother and her daughter, moved into the vacant unit below me (the owner was working abroad for that time) that my unit would shake. It took me a while (log story) to discover what was going on. The daughter was a recent college grad who stayed home all day and night and had sex with her boyfriend. I eventually found out that my unit shook whenever back or front entry doors are opened or closed, or as crazy as this sounds whenever the other 3 units in my condo have sex. When their bed moves so does mine. Its nuts, I know, I know, but true. Thus all day and night not only could I hear them, I practically became a third party to their sex lives every time they they shook my place. When I complained, they'd go at it worse. Once they kept me up for 3 days strait and I was so delirious I had a breakdown and started sleeping in my car with my dog in the summertime. I made complaints, email after email, complaining of nosebleeds, vomiting, headaches, and no sleep. My immune system began to crash and I would catch everything from a cold to the flu. My hair started falling out in clumps, my skin started developing patches of hyper pigmentation (called melasma) because my adrenals became fatigued due to my body constantly producing too much cortisol from all the stress. My weight started creeping up despite going to the gym every day, and now all my clothes don't fit and my self esteem has crashed. I cry all the time, and have become depressed. My hormones became completely out of whack and my my whole body started acting up. My ears ring and testing shows my ears have become hypersensitive. Ive developed food intolerance's to so many foods now, rashes, high CRP (marker for inflammation), IBS, and much much more (too TMI for this summary). Even my dog was taken to the vet because he started vomiting! 

Eventually the mother attempted to refute my claims with a "jump test." I stood in my unit while she jumped on both beds in their 2 bedroom unit, and sure enough my unit started swaying like crazy. When they slammed the back deck door from their unit, the walls reverbrated the vibrations. Despite the "test" confirming my complaint, they, or the other units, did not cease creating the nuisance that trespassed into my unit, and as time has gone on, the structure has only gotten worse. Its clear there is something structurally wrong with the building. As time passed I began hearing beams crack and make snapping sounds, and my ceilings have started showing cracks through the paint too. My floors sway worse and worse with the passage of time like a boat on waves. The frame of my back deck storm door feels like a beam is loose or rotating when I stand there. 

So I threatened to sue, hoping they'd listen, and got ahold of all the old condominium documents and discovered that the unit below me was experiencing the very same problem. She knew about it and despite my complaints to her that her houseguests were shaking my unit, she never revealed that she had the same problem when she lived in her own unit. I confronted her at a formal meeting to address my complaints with the Condominiums Meeting Minutes book reading an entry that notated that unit 2 (her unit) was complaining that unit 1 was shaking their unit and sending up "waves." She confirmed, in front of everyone, her unit shook and it was "unbearable" but it was due to the back doors causing shaking, and not her houseguests. Admitting right there that her unit did shake due to other units, and that it was "unbearable and kept her up in the came home late." Despite the trustees seeing, and hearing this, and after they already, via emails to me, initially promised they would do something, they never followed through. 

After that I hired an acoustical engineer come out and put sensors on my floor to measure the vibrations, and witness the shaking. I supplied that report in addition to the old meeting minutes documents to the trustees, but they ignored me. The average unit shakes due to ground-born vibrations about 50 VdB, most humans do not detect vibrations at this level. We start to notice vibrations starting at around 60 VdB. My place shook as high as 75 VdB, 15 vibrational velocity decibles higher then one can suspect. At 75 VdB the vibrations are considered "uncomfortable" to humans. This is the level that I have to endure. Later, when 2 units sold after my complaining started, at a new meeting I demanded action, and these new trustees too ignored the problem. So I had another acoustical engineer come out and conduct further vibrational testing. His finding mirrored the first engineers and the shaking was worse! Despite furnishing this information to the opposing parties counsel along with videos of glasses in my home splashing water and me even vomiting all over my bed and floors some nights (100% serious) because the shaking causes me such motion sickness I vomit, they still shake my place. I suffer because of negligence both intentional and reckless, and tyranny of the majority. I cannot fix the common elements myself i.e the structure so I cannot even try to do anything on my own to stop the problem.

When I purchased my condo I planned on living in it for some time before moving to CA and renting it out. I planned on using the money from rent to put away for retirement over the next 30 years, then selling the property when I officially retired. However, with the shaking I cannot rent it out, or tenants could sue me for terrible living conditions. No one will live in a unit that shakes that badly. If I could just sell it and get the hell out of there at this point, or use the money from the sale to further my lawsuit I would. However, with such high vibrational levels, attorneys have repeatedly told me I cannot sell it without risking being sued by the buyers. More importantly, I also don't want to sell my unit to an unsuspecting person and have them cry, vomit and suffer like me. Because I cannot rent it, or sell it I am losing more than a projected 2-3 million dollars. Since the rental value over about 30 years plus the projected net value at the time I'd sell it in 30 years is now completely gone. 

I've been fighting this suit myself for over 2 years now, and put everything I have into it. I am completely estranged from my parents (my mother is abusive) so I have no help there. I liquidated all my savings and sadly all my roth IRA retirement money to pay for engineers, appraisers, and to initially to hire an attorney to 1. review my entire case, and the hundreds of emails, documents, reports, the Condominium association documents etc etc, and tell me if I had any chance of a case, and he said I 100% did. Upon which he advised me to then 2. to have him first write a demand letter to the association, and request a formal meeting to discuss the problem and a reasonable solution. The association refused. Despite him trying to negotiate for over a year for me, the association continued to refuse. Having no additional savings left after that I had to file, and serve my complaint myself, and have spend nearly every day in the law library writing memoranda, motions, oppositions, its all I do. I have 20 counts against 14 defendants. I was in grad school and had to drop out, because I started getting so sick I couldn't keep up with the work, or work. They think they will win because I don't have the money or the experience to bring this matter successfully through discovery and into either negotiations or trial. I've successfully opposed motions to dismiss, strike, etc etc. But moving forward in 6 weeks to discovery (my next hearing is July 11th) I NEED an ATTORNEY. I also cannot afford to depose any experts I already have, or retain and medical experts to go over all the medical records of all the various times I was sick and needed medical attention. I don't have the money to hire an acoustical engineer to come in under a Mass. R. Civ. P. 34 motion to request permission for that expert to enter in the other units and conduct vibrational tests, which upon being successful would 100% prove with credible documentation, that they shake my unit, and exactly how badly. That is a key part of my suit is hiring an engineer to conduct further tests in each unit and its going to cost me close to $20,000 for the tests, preparation, and the extensive report thereafter. 

If I lose this suit, I'll spend the rest of my life in a home I cannot sell, rent, or bare to live in any further. I am trapped (and I cry as I write this) and I have literally exhausted every possible avenue I can. Called every free legal agency, gone to free legal forums, called over 63 attorneys hoping one would take this on contingency, but unless its a slip and fall or hit and run, forget about it! I can't even take a mortgage out on this home to pay for legal expenses. I called Boston Inspectional Services but they are no help, I have done EVERYTHING possible. Then as if god or the universe decided to throw me a bone, I came apron this site and feel like maybe for the first time I have a chance to get my life back. I want to get out of this hell hole and move on but I cannot sell my home and I cannot live in it. I spend all day sleep deprived, sick and trying to be a lawyer, even though I am not. I liquidated my entire retirement account to afford the expers to produce engineering reports that confirmed that my place does indeed shake to incredibly unhealthy levels. But the courts don't think I'll win because I am pro-se so they won't grant my preliminary injection which a free legal agency already had read and thought it was written by a lawyer it was that good.

Thus its clear I really really NEED YOUR HELP. Part of me feels humiliated but a majority of me is just really really grateful that this site even exists. Again my complaint is requesting damages, from 14 defendants; 5 have either been, or are trustees, the management company, manager, and condominium trust, in the amount of over 3 million for the loss of rental and selling value to my South End Boston condominium as well as my health, happiness, and life. If I win I plan on either paying it forward or paying everyone who donated back. All I need is some help to get through this now, and I plan on paying that help back. I just really really could use a miracle right about now.
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