Legal Question in Real Estate Law in Massachusetts

I want to approach this question from 2 points of view: renter in a condo apartment and member of Board of Condo Trustees.

All condo units have their own individual HVAC unit. All units have central air-conditioning. Condo rules prohibit using air-conditioning window boxes. One renter has installed a window box. The central air in their unit is not working. We don't want anyone to cook. Desired outcome: repair central air, remove window box in that order.

How do we as a Condo association attack this problem given that the renters have approached the owner? The renters have a language barrier with the owner and are obviously at a power disadvantage. Can they go to City Hall and request an inspection? Can the Board of Trustees go to City Hall and request an inspection. Can the Board arrange for the repair and bill the owner? What are the options for the renters and the Board? Thank you for any light on the subject. It is obviously going to be a hot summer if we are breaking records so this has a degree of urgency and I feel does not represent a huge degree of difficulty.


Asked on 6/21/12, 5:31 am

1 Answer from Attorneys

The owner makes a formal request for the repair. The Condo Association will be violating health codes by not providing reasonable air conditioning services if it is part of the condo assn obligation, which it apparently is.

As Trustees, I would first inform the person using the wall unit that such items are not permitted, but given the air cooling problem in the unit it will be temporarily allowed until the air conditioning is fixed in the unit.

The Board of Trustee's as fiduciaries have an obligation to make sure common services, especially those that impact the health of owners and unit occupants, are maintained. This is not well we do not want to spend the money decision. Landlord's who provide air conditioning as part of the rental unit and fail to maintain it in heat like this have been criminally charged in Boston. While I know of no Condo Trustees being that badly treated, there is an affirmative obligation to make the repair or otherwise solve the problem.

If you need to speak to me, feel free to call me on Monday.

Read more
Answered on 6/21/12, 7:49 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Massachusetts