Legal Question in Real Estate Law in Massachusetts

Hi,

We live in a 3 story house separated in 3 condominium units. The second floor unit has a front deck with a floor made of roof material. It is directly on the top of the entrance porch. Who should pay for the repair of that roof (I mean the floor of the deck)? Please note that there is also a roof on top of that deck. The condo docs say that the owner of the second floor unit "shall be responsible for the maintenance and repair of the said deck". So, is that roof (floor of said deck) considered common?

thanks!


Asked on 8/24/09, 8:52 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

A roof is usually under the control of the association.

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Answered on 8/29/09, 10:06 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

You are intentionally asking the question in a way to produce a certain answer.

As has been said before, you should have the condo documents reviewed by an attorney. From the limited facts presented, however, I would assume that the flooring (regardless of what it is made out of) on the second-level deck is the responsibility of the second-level unit owner. Without knowing what your building looks like, I would assume that the "roof" is the uppermost surface of the entire structure.

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Answered on 8/30/09, 9:49 am


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