I purchased a condo about 7 months ago now and have been fighting with the condo association ever since. The major issue is that 1 owner has 52% of the units giving him the majority vote. Prior to purchasing the unit, the deck had some wood that had rotted right through causing dangerous holes on the stairs and the main part of the deck. Prior to purchasing the unit I inquired with the association they told me this was covered by the association and once I had purchased the unit the deck would be fixed. Come to find out after 6 months of being given the run around they have determined it would require a special assessment of all owners to fix my deck. Additionally the 1 owner who owns 52% of the units just passed an amendment stating the association is not longer responsible for replacing the roofs. Is this even legal? Any help and/or guidance would be greatly appreciated. Jon
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Editor's Response
The creation and governance of condominiums in Massachusetts is covered by MA General Laws Chapter 183A. Section 1 of that Chapter defines common areas as including, "The foundations, columns, girders, beams, supports, party walls, common walls, main walls, roofs, halls, corridors, lobbies, public stairs and stairways, fire escapes and entrances and exits of the building."
With My limited experience in condominium law, I am not aware of any legal method for the majority owners to shift responsibility for repairs of the common areas to individual unit owners. It sounds to me like you and the other minority owners need to contact an attorney who does condominium litigation. Often, initial consultations are free. The attorney can review your by-laws and other condo docs and explain your rights regarding the deck issue and the roof. If she determines the majority owner is in the wrong, frequently, one letter from a qualified attorney (a relatively small fee, paid for by all of the minority owners) can bring the majority owner to his/her senses and lead to a resolution of the problem. Good luck.