Submitted by Anonymous on Sat, 07/10/2010 - 20:40
Posted in
My condo unit has the exclusive easement to a roof deck, which is framed by a low wall with railings on top. Now the association and I have different understandings, which parts fall under my exclusive easement - and hence my responsibility to maintain and repair.
My interpretation of the master deed (and common sense?) is that structural building elements are not parts of exclusive easements. And the wall seems structural since any water leaking into it ends up in the condo below. The deed is not very explicit though .. is there any general law that might come to my help? Or could it be that this decision is simply up to the condo trustees? ... and I'm liable for the sloppy construction of that wall?
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Editor's Response
Unless the condominium documents spell out the answer, there is rarely a clear-cut answer to this type of question. Here is a thread with similar issued regarding condo repair obligations.