Legal Question in Real Estate Law in Massachusetts

Leaking Condo

2 1/2 years ago our condo started leaking in our living room. Needless to say, our problem has not yet been resolved. The board/ management company hired an engineer and the sources of the leaks (all common areas) have been determined, but no date of repair will be given. Both the engineer and an attorney we had a consultation with (have not retained) recommended calling the housing/health inspector for a resolution (the attorney said he would make us do this if we hired him). The inspector came out today and said that they will send a letter to all parties involved. They are going to give everyone 7 days to fix the problem otherwise we will all go to court. Needless to say, I know we will be going to court. The inspector said everyone is responsible, including us. Now I understand we are a part of the association, but our hands are tied- as we would need access to another unit for repairs, etc. We have documented all emails, memos, etc. We have video of the leakage and damages. We have pleaded for at least temparary repairs to no avail. Does the law favor our side or is representation by an attorney highly recommended for the housing court? Can we really be held responsible for repairs when this is a common area issue?


Asked on 5/18/05, 12:55 pm

1 Answer from Attorneys

Re: Leaking Condo

In general the Condo Association will be held responsible for the repairs. As such you and every other owner will be held responsible.If the violation is in your unit, you may be required to make repairs in your unit, however, if they are caused by damages to the common area (e.g. roof) then the Association will be held responsilbe.

It sounds like you have a good attorney advising you, I would continue with him. If however you need assistance please do not hesitate to contact me without obligation.

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Answered on 5/19/05, 4:00 am


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