Legal Question in Landlord & Tenant Law in Massachusetts

I live in a condomunium and one of my walls has a water leak from outside of the building. There have been problems with flashing on the outside decks and some other units have also had leaks. The management company has tried to fix it but nothing has worked yet. It has been going on for a year and a half and the damage to my inside wall has gotten worse. I was told that they would fix the outside work and I am responsible for the inside damage. I know this is the case in condos but I am still considering legal action against the association for the damages. I do not think enough has been done by the management company to fix the issue. I also heard a legal term-failure of a limited common element-and was wondering if that would apply to this situation. Before going any further I just wanted to know if taking legal action is an option. Thank you.


Asked on 1/21/10, 1:01 pm

1 Answer from Attorneys
Warren Wood Law Offices of Warren Wood

This is a very difficult situation. One made even more so by the current Massachusetts Condominium statute which gives extraodinary powers to many arbitrary incompetent homeowners' management associations.

This legal theory needs to be carefully explored in order to determine what legal relief (if any) it may provide you. This Office often handles disputes for condo homeowners against unfair homeowner association practices. Please feel free to contact this Office for a further free consultation. Good Luck.

Read more
Answered on 1/27/10, 6:32 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Massachusetts