Legal Question in Real Estate Law in Massachusetts
I live in a 55 unit condo. We have outdoor parking, but we also have parking in our basement which is below a segment of the building. The garage has a roll-up metal grill door which of course is open to the cold air. We also have barred windows. These are both necessary for ventilation. There are 4 units immediately above the garage. The roof of the garage has room for insulation but the insulation is old and a lot of it has perished or fallen down. The Condo Association doesn't feel obligated to do anything about it because it affects only 4 units. it does not affect my unit, but this concerns me because these 4 units bear a burden on their electric bill because the cold air coming up from the garage. I also feel that Mass Save offers discounts for insulation projects. I am really wondering about the validity of the argument that it affects only 4 units out of 55. Is there anything these unit owners can do beyond fund the cost of the insulation themselves?
1 Answer from Attorneys
Yes, they can ask the local health department to inspect the garage for purposes of health code and construction/ issues. The Department at a minimum may determine that the insulation and its falling down represents a health problem and violates other building codes
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