Legal Question in Real Estate Law in Massachusetts

I own a unit in a 4 story condo. I live on the top floor of the building For the past 45 days the building has been without a working elevator. It is pending reinspection by the state. We are currently waiting for a part to fix the elevator to pass inspection. The lack of elevator has changed my lifestyle signicantly, and quite honestly i never would have purchased in a non elevator building. My question is to is it necessary to pay my monthly building maintenance fee. I feel like I am paying for a service that i am not getting. The elevator is considered to be part of the common area of the building. Could i put payment in an escrow account for the purpose? Should i receive a discount on the monthly fee?

Any guidance would be greatly appreciated

Thanks

Kevin Harris

th


Asked on 3/02/10, 7:34 am

2 Answers from Attorneys

Condo fees are not optional. You have to pay them or you will be subject to penalities etc. What you can do is demand the repairs be done in a commercially reasonably way or sue the board to comply.

Condo fees unlike apartment rent cannot be withheld for failure to maintain a property.

Good Luck.

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Answered on 3/07/10, 10:36 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

You can only mess yourself if you fail to pay.

That you made a questionable decision is your error, not that of the condo association.

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Answered on 3/07/10, 2:22 pm


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