Legal Question in Real Estate Law in Massachusetts
Condo roof needs repair, who pays?
There is a 3 unit condo association where Unit #3, top floor, has a private sun-deck built on top of rubber membrane flat roof. The area known as flat rubber roof is deeded as ''exclusive use'' to Unit 3. Another clause in condo docs makes unit owners responsible for upkeep of ''exclusive use'' areas.
The rubber roof is leaking and needs replacement and/or repair.
A professional roofing contractor identified the sun-deck as improperly constructed and causing the failure of the rubber roof. He said the deck has to be removed so roof can be replaced.
Owner of unit #3 if refusing to remove deck, and is also refusing to pay for removal of deck and repair of roof.
Is the repair of the roof a common expense that should be shared with all 3 owners?
Can the owner be forced to remove the sun-deck so that the roof can be repaired.
1 Answer from Attorneys
Re: Condo roof needs repair, who pays?
Without reading your Condo Documents in detail it is impossible to give you a completely correct analysis. however, you are all responsible for the repair to the roof as a common area in proportion to your ownership interests as provided under the Master Deed and Declaration of Trust. As to removal of the deck and who pays, I would have to review the language of the Master Deed and Declaration of Trust as to who pays but in all probability you can force its removal to carry out repairs.
Please feel free to contact me if you have more questions.
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