Submitted by dvecs07 on Thu, 04/02/2009 - 13:44
Posted in
My property management company decided that the existing fence at my condo needed to be replaced. Instead of fixing the current wood fence, they knocked it down, and put up a chain link. The question is, would that be categorized in MA law, as an improvement because the existing fence was taken down and they put up a brand new one, and if so would that need to be voted on by all the condo owners or just the trustees?
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Editor's Response
Unfortunately, this question, the legal distinction between an improvement and a repair in the context of condominium management, is one that, to my knowledge, has not been clearly resolved in Massachusetts. Some condominium documents actually define the two terms, so check your documents. If not, then individual owners and trustees are left to come up with their own definitions. Unfortunately, if different "camps" disagree, the issue may only be resolvable by litigation or, if your condo documents have such a provision, by alternative dispute resolution.
Other jurisdiction that have addressed this issue use fairly common criteria, e.g., was the 'thing' in question (such as a roof) replaced entirely (improvement) or simply fixed by the replacement of some defective shingle? I think you make a good argument that the work you describe may be an improvement. However, my opinion is not that helpful to you. Good luck.