I own a condominium unit in a 2-unit, townhome style condominium. The roof above my unit leaked and caused interior damage to the ceiling in one of my rooms. We have known for three years that the roof would eventually leak as it had been repaired several times before we purchsed our unit.
Unfortunately, we have been unable to get the association to approve/release the funds to do the necessary work on the roof to prevent this damage over the past three years. The roof is considered common area and the maintenance and repairs are the responsibility of the association.
I understand that we can file a claim with the building's insurance company to have the interior damage repaired. How do we get the roof repaired to prevent further damage if the other owners will not agree to the work. We had previously obtained an estimate to complete all of the repairs on the rooof, but the other owners would not agree to the work. We have now obtained an estimate to repair the leaking portion, and again, the other owners have not agreed to the work. What are our options?
We can find nothing in our condo documents about our rights as unit owners to do emergency repairs that will prevent further damage to our unit. Is there anything is Mass general laws that address this?
We want to protect our property value and prevent further damage, but also ensure that ongoing needed repairs to the common areas are done in a timely manner to further prevent these types of issues.
Thank you.
Maggie B.
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Editor's Response--Arbitration small condominium developments
I was under the impression (this it not my area of expertise) that federal home mortgage regulations actually require an arbitration clause in the condominium documents of condos with fewer than five units. Check your documents. This is probably the easiest and least costly way of resolving disputes with unreasonable unit owners in small condominium developments. Even if your documents do not contain such a clause, you both can agree to submit to arbitration as a way of avoiding costly litigation. You could also agree to hire an attorney to mediate the issues. Although you will have to agree on an attorney and pay for her time, no matter who you select, she is likely to tell your neighbors that they cannot simply ignore the leaking roof. Good luck. For more information about condominium law, visit our Massachusetts Real Estate Law Discussion Forum.