Legal Question in Real Estate Law in Massachusetts

I live in a condomunium and one of my walls has a water leak from outside of the building. There have been problems with flashing on the outside decks and some other units have also had leaks. The management company has tried to fix it but nothing has worked yet. It has been going on for a year and a half and the damage to my inside wall has gotten worse. I was told that they would fix the outside work and I am responsible for the inside damage. I know this is the case in condos but I am still considering legal action against the association for the damages. I do not think enough has been done by the management company to fix the issue. I also heard a legal term-failure of a limited common element-and was wondering if that would apply to this situation. Before going any further I just wanted to know if taking legal action is an option. Thank you.


Asked on 2/03/10, 6:25 pm

2 Answers from Attorneys
Warren Wood Law Offices of Warren Wood

Taking legal action is indeed an option in this situation. This Office represents condominium owners in their varied disputes with homeowners associations. Please contact us if you require legal assistance. Initial consultations are free. Good Luck!

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Answered on 2/08/10, 8:17 pm
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

More information from you is necessary to say for sure, but it appears from your description legal claims may well be possible here. Feel free to contact me directly for a free initial office consultation if you would like to pursue this further.

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Answered on 2/09/10, 11:48 am


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