Legal Question in Education Law in Massachusetts

condo stairs

we are buying a condo and my husband has Multiple Sclerosis and can not use the exhisting stairs as they are too high..we asked the condo assoc about changing the stairs to make them lower and easier for him to use...they told us that we would be responsible for the cost to replace the stairs...which are outside...is this true...do we have to pay for the stairs outside


Asked on 10/31/07, 11:48 am

1 Answer from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: condo stairs

Assuming that the stair height complies with all applicable building codes (including Americans With Disabilities Act requirements) -- and if the builder/seller has a certificate of occupancy, presumably it does -- there is nothing you can do to force the owner/builder to pay to alter the height to suit your husband's needs. The only exception I can think of on the description you gave would be if the seller misrepresented the height of the stairs and you/husband relied to your detriment on that misrepresentation. But, even then, the stair height would likely be deemed "open and obvious," and your failure to discover the misrepresented stair height (or the inconvenience of it) prior to agreeing to purchase the unit would probably preclude any claims even for misrepresentation. Assuming regulatory compliance, this is an appropriate (but unfortunate) example of "buyer beware."

(Not sure why you thought this was a question involving education law, however.)

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Answered on 10/31/07, 1:40 pm


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