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Owner's rights and associations fiduciary responsibility

I'm a condo owner. My unit is one of 6 units on the 1st floor that has structural damage due to settling. Association is taking full responsibility to fix while I move out and put my furniture in storage ( totally at my expense). They need to destroy my walls and floor to make the fixes. They will tear up my carpet, and hard wood floors to dig up the foundation. They demand that I sign a scope of work that is preposterousness, and pathetic written up by the Superintendant, which is unfair and incomplete.
1) they will not put a deadline for completion meaning the project is open ended I could be out of my home indefinitely.

2) they will not confirm that a professional engineer designed the plans to fix the foundation, i fear that the superintendant may have developed this critical scope.

Additionally, since they are destroying my unit to get access to common area, they must make me whole.
They refuse to bring me into this process

They will accept the responsibility to replace the carpet with the same as what exists. If the same is discontinued, (likely the case) I would like to select carpet of equal value and price or I'd be willing to choose from a few options that they give me. they refuse to allow ME to choose carpet for MY unit that they destroy. The scope that they insist I sign allows them to select any ugly carpet to replace mine. I can't agree to that.

They have cut off all communications with me, refusing to amend anything.

Im hoping you might be able to answer a couple of quick questions for me.

(1) Aside from engaging an attorney (financially impossible) how can I establish and exercise my rights as an owner in dealing with the Board and Property Mngr? Per condo docs, I know the Trustees have the right to enter my condo unit without my permission for the purpose of repairing a common area defect. Determining my rights 'to be made whole' when they destroy my property in order to gain access to the common area is the key issue. Not only is the Board and Mngr not communicating amicably with me, they are giving me NO rights at all, totally ignore my inquires and REASONABLE requests etc.

What resources can you recommend so I can I find out my rights and demand they adhere?

(2) Does the Board of Trustees/Building Manager of a Mass. condo complex have fiduciary responsibility to respond to an owner's outstanding issues? Ive asked very reasonable fundamental questions but my communications are repeatedly ignored. I posed the question, "who developed the scope of work for the structural foundation repairs"? Simple valid question, no response. There are numerous queries along these lines. In the same vein, since they are destroying my property, does the Board/Bldg Mngr have a fiduciary responsibility to engage me to be a part of the process to 'make me whole' and update me on the status of project?

None of this is covered in the condo docs.
Your thoughts are GREATLY appreciated.

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Submitted Sun, 03/19/2017 - 10:59

Dear Unit Owner,

A condominium trustee owes a fiduciary duty to the association and not to any individual unit owner.

Also, the association would most likely have the right to enter your unit in order to reach common elements that are accessible from your unit.

Unit owners in a similar situation may want to make a claim on their homeowner's HO-6 policy to cover costs that are not being covered by the association.

For additional information, read my article, "Condominium Trustees and Property Managers and Their Maintenance and Repair Obligations Under Massachusetts Law and the State Sanitary Code".

Yours truly,

Robert Nislick
Attorney At Law
P.O. Box 5207
Framingham, MA 01701
(508) 405-1238

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