We have a 6 unit condo association. One member has built a floor to ceiling bookcase in a common hallway. 4 out of the 6 units have agreed to sign a letter requesting removal of the shelves and their contents. We expect no compliance with this request as the city inspector in Cambridge had no problem with the shelving while he (the inspector) did cite us for other items stored in a common rear stairwell and hallways last year. Our master deed is pretty boilerplate, I can find no explicit prohibition except for a section saying no feature shall be erected that would compromise the architectural integrity of the building. Can we simply remove the shelves and the contents? Are we, the rest of the association liable for the shelves and their contents? If they fail to comply, do we have to file a civil case?
Submitted by laxmark on Tue, 01/11/2011 - 23:57
Posted in
Storage in common areas of condo
Individual owners cannot take common areas for their own use. Those areas belong to the association. Check your bylaws for any specific provisions regarding this issue. Under Massachusetts General Laws Chapter 183A, Section 11, your bylaws are supposed to spell out "Such restrictions on and requirements respecting the use and maintenance of the units and the use of the common areas and facilities, not set forth in the master deed, as are designed to prevent unreasonable interference with the use of their respective units and of the common areas and facilities by the several unit owners."
Typically, the condominium association has the power to fine individual owners. If your bylaws do not discuss improper use of the common areas, or if the mechanism for enforcing the condominium rules is not spelled out it the condo documents, the association may want to consult a Massachusetts real estate attorney to review the docs and suggest a course of action. Often, a well drafted letter from the associations attorney will convince the offending unit owner to change her ways and avoid the need for litigation. Also, you could consider arbitration if the unit owner refuses to budge. Condominium documents often include provisions regarding arbitration or mediation, and the process is less expensive than litigation.
follow up
Thank you! I have contacted a couple of attorneys and am waiting to hear from the association if they're willing to pay -- We are loathe to spend any more $ as we've made costly repairs recently to the building but I am also aware I am asking someone here for free labor.
Our master deed is pretty boilerplate and does not specify fines nor specifically prohibit using ares as storage. Is is possible that the offending party could argue that his 12 inch wide shelves in a 44 inch wide hallway do not represent unreasonable interference? The city of Cambridge had an inspector out 2 years ago and said he had no problem with them. FYI, this whole thing came to a head when I was forced to spend $50 to have a delivery person confirm he could deliver a couch to us through the front entryway to the building. If not for the shelves in the rear hallway we could have used the rear which had plenty of clearance.
If we send a registered letter on behalf of the association (as 4 or 5 out of the 6 owners) are there any plunders we could make that could come back to haunt us?
We have a draft we are considering:
"We respectfully demand that you remove the shelves and contents from the common rear hall and make any repairs to the damage your shelves and their contents have done to the walls, ceiling and floor.
This be must done by xxx (30 days), if not we will use any and all legal means available to compel you to do so and you will be responsible for all costs incurred by any such action as well as any cost incurred by the removal of your property from the common area and the repairs to same.
We will consider requests to extend the deadline if you request it via email and only if you make significant progress in removing your property from the common area."
Thanks again --
Use of common areas
I'm sure you understand that this forum is not a place to find specific legal advice. Here is the bottom line: Common areas cannot be taken for use by individual unit owners. Period. The city inspection, probably having to do with the housing code and egress, is irrelevant.