Legal Question in Real Estate Law in Massachusetts

Management and Board of trustees

I live in a high rise brick condominium. there are thirteen floors with 134 condos. Ihave leak comming in from the outside of the building onto my ceiling.Both the board of trustees and the management company agreethat the leak is comming in from the exterior through the bricks,this has been going on for two years with no results plus they have procrastinated in securing a solution.The other information that I have recieved from the management co. is that the original ceiling paint has asbestos in it the paint and is just beginning to peel where the water has come in.How long must I wait for them to resolve this problem?Can I legally hold back the condo fee? How can I force them to resolve this problem.Should I call the board of health,the attorney generals office? who?


Asked on 2/06/06, 4:41 pm

2 Answers from Attorneys
John Postl Burkinshaw Law Offices, P.C.

Re: Management and Board of trustees

By law, you cannot withhold the condominium fee. The assocaition is responsible to fix the problem and I'm not sure why the association and the management company are not acting. You should be more persistent and if that does not work, you should get a lawyer- sometimes a letter from a lawyer will prompt action.

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Answered on 2/07/06, 9:28 am

Re: Management and Board of trustees

First, you can not hold back your condo fees. If you do they can start a foreclosure process under the Superlien law.

You can however send them a MGL c. 93A and demand they make at least a good faith attempt to solve the leak problem and in the interim, provide for the repainting of your ceiling including the removal of the current paint which you have been told includes asbestos material. I would put them on notice that if you contract any illness as a result of mold or asbestos from the paint peeling,or damage to your unit or belongings that you will be looking to both the management company, the Association and the trustees' for compensation.

The letter should be sent certified mail return receipt. I assume what you have told me is entirely accurate. Also, your claim with respect to the asbestos in the paint may depend on what disclosure and waivers you signed when you pruchased your unit. Without reviewing all the documentation I cannot give you any definitive suggestions.

I would however contact an attorney to do this and have him review all the relevant documentation.

Please feel free to contact me.

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Answered on 2/06/06, 5:50 pm


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