Submitted by Cheryl Hitchings on Fri, 09/10/2010 - 17:48
Posted in
9 unit condo assoc.in MA. has pool/deck area in great need of repair. Also issues with drains, deck, surrounding fencing not up to code. Some members of condo feel that his is an improvement rather that the repair/maintenance of the long neglected pool are surrounding area. The repairs/replacements will bring us up to code, "improve" the functionality of the area, but is it really an improvement vs a maintenance issue? Would the % listed in 183A s 18 apply? Help appreciated. Thanks.
Editor's Response
As you can see in this thread, the question of repair or maintenance vs. improvement is not an easy one in Massachusetts. If I were forced to take a side in your dispute, I would point out that applying the argument you mention in your question would result in just about any type of work being classified as an improvement. Not very helpful. See if your documents offer guidance. If not, consider mediation, an option often spelled out in the condo docs. Good luck.