We own the top floor of a three unit condo in an approximately 100 year old building which was renovated five years ago. I purchased the condo a little over a year ago, the other two owners have been there since the renovation. My unit has exclusive use of a roof deck. Since purchasing the property, there has been a recurring leak in the roof with several attempts to fix the problem. The condo association has split the repairs for the roof. Recently, it was determined that the entire roof needs to be replaced. To replace the roof, the deck needs to be removed. The cost of the roof replacement will be split by the condo association, but they are refusing to pay for the cost of removing and re-installing the roof deck.
The condo owners have responsibility for studs in; the condo association for the common areas and studs out.
Does the condo association have a responsibility to also split the cost of the deck removal and re-installation?
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Editor's Response
Wow, I get a lot of questions like this, especially about small condo associations with 2-4 units. The answer is always the same: If it isn't spelled out in the documents, then I can only guess. Follow this link for a thread dealing with arbitration in condominium disputes. Here is my guess: The association is responsible for repairing the roof. If it has to remove your deck to make the repair, then it should pay for the cost of removing and replacing the deck. I have not done any research on this issue, so my guess and $1 will get you half a cup of coffee. Given the fairly large sum of money involved, I would either have a MA real estate attorney send a letter to the association, or push for arbitration. Good luck.
It's all about the condominium documents
Your first step would be to review your condominium's documents which is a reference to the Master Deed and Declaration of Trust. Most condominium documents are available online at the Registry of Deeds, however you can also request a copy from the trustees. Any condominium that has private roof decks which are deeded to specific unit owners should have a provision in the condominium documents to address not only the ownership and exclusive use of such roof decks, but also who is responsible in the situation you are describing. First, look through the documents for a provision that addresses ownership and exclusive use of the roof decks. Assuming there is a provision that deals with exclusive use of roof decks (and there should be), does it spell out who is responsible for the cost of removing and re-installing the roof deck? If so, then your question is answered. If the answer is that the provision does not address responsibility for the cost of removing and re-installing the roof deck in a repair situation (or if there is no provision in the condominium documents that specifically addresses private roof decks), then your problem is going to be more complex and probably requires the assistance of an attorney to interpret the provisions of the condominium documents that deal common area versus unit area, and trust versus unit owner responsibilities related to building repairs. Attorney Howard Goldman.