Since 2003 I have owned the 2nd floor condo in a two family house in MA. The issue is wood deterioration caused by overflowing rainfall from the gutters above my 'exclusive area' porch located above the front entrance. The water overflowing from the gutters have been a consistent problem over the years due to trees surrounding the house. The Master Deed & Trust specifies my porch area as 6' x 9' and the floor being defined as 'the upper surface or sub floor'.
The problem is the owners of the downstairs condo are 'stalling' with moving forward with both the bi-annual gutter cleaning and repairing the wood deterioration damage (quoted at $800). The contractor who quoted the project expects there will be additional wood deterioration once he opens up the area. This will increase the cost and scope of the project. If the wood rot isn't repaired, then it will cause serious damage to the entire front entrance to the house.
My next step is to send a letter to the owner of the downstairs condo asking for a response to my prior letter. If they choose not to move forward with both the gutter cleaning and wood deterioration repair, then I am asking to bring in a third party mediator to resolve the issue. This will need to be a cost we jointly split.
I appreciate any advice that you may be able to provide which will help me resolve this matter.