There are two owners in a 2-unit condo in Cambridge, MA. The condo has a first floor unit and a second floor unit. The condo has 2 porches on the first floor and two on the second floor. The condo docs include an error, whereby it's difficult to tell whether the back porch on the lower level is for shared use, or for the exclusive use of the first floor unit (the other three porches are designated clearly in the docs for the exclusive use of either the first or second floor unit).
The issue arises from the fact that the master deed and the first floor unit deed/drawing state in writing that the back porch is for the exclusive use of Unit 1, while the architectural drawing that was filed with the master deed includes a statement that the lower back porch is for shared use. The two owners are unable to come to an agreement on how to interpret the docs, but don't want to pay to litigate the resolution of an error for which they are not responsible. They aren't certain who might be responsible for the error, or if that party (or parties) would then be responsible for the potential cost of resolving it through arbitration or in court. Any words of advice?
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Editor's Response
Sadly, regarding the legal issue involved (which docs control), I do not have an answer. The good news is that it sounds like you and the other owner are on speaking terms. If I were in your shoes, I would get together with the other owner and find a lawyer in MA who does condominium work and ask him or her to mediate the issue for you. The attorney can apply any applicable law in a binding decisions and then, very important, amend the condo docs or create additional docs to clean up the issue. This final step may be very important when you go to sell your unit. I can not imagine that the attorney's services would be too expensive and the bill would be split. Good luck.