Legal Question in Real Estate Law in Massachusetts
Bank Responsibility for Foreclosed Condo Unit
I live in a condominium building of 55 units. Some units have been foreclosed. The electricity in those units is off therefore there is no heat in them. It is extremely cold. I have broached this subject with the trustees as I am fearful of frozen pipes and water damage to other units. The Trustees tell me there is nothing they can do, that the banks don't care. Is there nothing the Trustees can do to prevent damage to our building through such negligence?
1 Answer from Attorneys
Re: Bank Responsibility for Foreclosed Condo Unit
The banks are subject to the reasonable rules and regulations of the Board of Trustees. The Board should put the Banks on notice that any damage to the pipes or the building as a result of their failure to heat the premises. They can require that unit owners keep their units at a minimum of 50 degrees to keep the pipes from freezing.
If the banks do not comply they can fine them and ultimately if not paid the Banks can be subject to enforcement of the super lien law. The Board should contact their attorneys (assuming they have them) and seek their guidance on this matter.
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