Legal Question in Real Estate Law in Massachusetts
Condo Decks Concern
When we moved in to our condo building (a brownstone with 10 units) it had just been converted from apartments. In our 1st condo meeting 6/7 units agreed to allow the 2 top level units on both sides to build ''exclusive use'' roof decks on top of the 2 units that were not yet occupied. Now the 2 units are occupied, and they did not have a vote on building the roof decks on top of their units and that they would not have access. The decks have not been built nor plans drawn up, but I'm concerned about the building integrity since they will have to break through the structure to create access (currently, they do not have doors to access the roofs, only windows and a fire escape). I am also concerned about future maintenance for the roofs that will be built upon, and if the costs will come out of the collective condo budget. It may not be feasible to make these roof decks ''common use'' since it will infringe upon the privacy of the top-level units (users of the decks will be able to see into the windows of the units). Should we require that the condo docs be amended so that the cost of maintenance for the proposed roof decks be the sole responsibility of the unit owners that have exclusive use? Is there anything else we need to do?
1 Answer from Attorneys
Re: Condo Decks Concern
without reading the Condo Docs, I can't tell you what else should be done. However, you not only need to deal with maintenance of the decks, but issues regarding the roof underneath. Frequently and depending on the kind of deck, the deck can speed up the need to replace roofs or cause leaks. You need to define the type of decks permissable and how they will be anchored to the roof as well, unless you make that portion of the roof the unit owners responsibility.
If you need assistance, please do not hesitate to contact me.
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