Legal Question in Real Estate Law in Massachusetts
I live in MA in a 3 story building which has skylights. There was a leak of skylights after a storm so the owner of 3rd floor decided to replace the entire rood+skylights without knowing where the leak came from. The roofer told me that the leak came only from her skylights. The 3rd floor is the only one benefiting from the skylights and deck. The condo documents state that the 3rd floor is responsible for adding new skylights or decks. The owner of 3rd floor claims that skylights are not windows and are part of the roof so she not responsible for paying them alone. She teams up with the first floor and demands me to pay my part for repairing and replacing the skylights. They told me that if I don't pay, they will put a lien on my property. Can they legally do that?
2 Answers from Attorneys
If the Master Documents state that the Third Floor is responsible for skylights then without amending the Condo documents, they cannot legally make that assessment.
However, the Condo Board can vote to assess the units for the repairs and you are required to pay the assessment. I would suggest that you pay the assessment and then sue the Condo Association for the improper assessment and return of your money.
Alternative is to hire an attorney to send a letter, but the Condo law requires you pay first and sue later.
The Massachusetts Condominium statute is very harsh on unit owners who fail to pay "duly assessed" condominium common area fees. It does provide for a "super lien" which can be rapidly foreclosed upon. This is a very serious dispute. If you lose it, you could easily lose your home. You do have rights. However you should seek advice from lawyers who have successfully defended homeowners against malfeasance and other wrongful conduct by boards of trustees.
This Law Office has been successful in handling these types of legal conflicts. You may feel free to call us for a free initial assessment of your likelihood of success in this matter. Under certain special circumstances, you may successfully contest these fees and resist this super lien and a subsequent foreclosure. Good Luck!
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