Legal Question in Real Estate Law in Massachusetts

Boston Condo Association - unfair dealing
Condo Association: 4 Units
Currently 3 Units (1, 2, and 4) owned by member s of the same family (78%)
I own unit #3 (22%) which I purchased a year ago from the family.
Common areas (specifically the roof deck) are in the master deed as shared areas.
In the condo association documents there is a section which says the deed can be changed with 75% vote of the owner�s to change access to the common areas.
The family members are now going to change the deed to disallow the 3rd unit access to the common roof deck and make it exclusive to unit 4. (to benefit the family in selling unit 4 for higher value)
Without access to the roof deck the value of my condo (#3) is significantly less.
Is there any recovery for breach of contract for good faith and fair dealing as we relied on having access to the roof deck in purchasing the condo and had no reason to believe that the access to that area would be changed.
Also, the family owners of 78% of the building would be considered sophisticated (real estate agent) and I am a recent college grad with not a lot of legal experience.

Asked on 6/14/09, 8:39 pm

Joseph Murray Joseph M. Murray, Esq.

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Re: Boston Condo Association - unfair dealing

Retain an attorney to review all the documents and advise as to your spefic rights. Good Luck!

Answered on 6/18/09, 9:54 pm

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