Because we already had a contract in effect, does that mean the new contract is null & void? Both garbage disposal services are claiming their contracts are in effect & the that the competing contract isn't valid.
I imagine both contracts are still in force. It will take negotiation to quiet this dispute. HOA better use its lawyer as litigation is headed.
As a general rule, if you have two contracts for the same thing, they are both considered valid and enforceable. However, trash hauling is a public service related business and is heavily regulated.
Most trash collection is governed by a "franchise" agreement between the hauler and the municipality and/or county. So they get the monopoly. If one is not allowed to work in the area, then their contract is void. However, this is not a question we on AVVO can answer.
Click on "Find a Lawyer" above and locate an attorney that handles contract disputes in your area, make an appointment, and see where this will be headed.
This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.
The answer to your question depends upon so many different factors, it cannot be answered. Certainly, the exact language of the earlier agreement would be important, as what the circumstances involving signing the second contract. There is no general principle of law that would automatically make the new contract void. General legal principles would provide exactly the opposite.
I would recommend that you stop posting anything in public regarding this. It is a very serious matter, potentially one that could result in losses for the condominium association, and liability on the part of the Board of Directors. What needs to happen next is that the Board of Directors notify it's insurance carrier, and retain an attorney to review the situation.
Answering this question does not set up a attorney-client relationship between us. My comments do not constitute legal advice. If you would like to pursue representation, please contact me.
Unless I'm missing something, I think your HOA screwed up and you are stuck with both contracts.
I'd suggest being honest with the new one and begging them to let you out for a small price. Alternately, you could talk to the last place similarly. Unfortunately, I don't see a way to get you out from under both. It happens.
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
You should consider suing the members of the HOA board who caused this. This is going to be wasted money at the association's expense, and it may have been caused by a breach of their duties to the HOA.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyze the question differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in New York and Florida.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline