Legal Question in Real Estate Law in Massachusetts

I am the owner of a townhouse and pay monthly condo fees. In the complex, each building contains 4 units. Each unit owner owns from the studs in. I contacted the condo association recently to report a rodent problem. The association told me that "in most cases the problem is found in the unit reporting mice. The Board changed their policy regarding mice. You need to call in the exterminator." Obviously the rodent problem is coming from the exterior of (one of) the four units in my building. I do not see how this can be legal. This could cost me hundreds, if not thousands of dollars and the problem may not be from my unit. Is it legal for the condo association to tell owners that they own from the studs in, and then pick and choose which issues they will and won't pay for that is a result of the exterior of the building?


Asked on 11/17/11, 10:37 am

1 Answer from Attorneys

If you call an exterminator and he/she determines the rodents are accessing your unit from a whole in the outside or in some other way, it should be the Condo Association's obligation.

Once you have an exterminator's report, the Condo Association should be obligated to cover the expense of correcting the problem. If they refuse you can sue them for reimbursement.

Good luck.

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Answered on 11/17/11, 11:32 am


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