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Window water damage - how much should condo owner pay?

  
  
  
  
  
All the units (26) in my Massachusetts condo building are installing new windows. When the contractor inspected my five windows, it was discovered that there is major damage from water leakage resulting in advanced rot in both the interior and exterior frame plus non-visible damage to the plastering around the wall where the windows are located. The Condo Trustees expect me to cover the expense of the interior. I think they are incorrect. To make matters worse, I think the source of the damage should be found and then repaired. Two other units have the same damage, not as extreme. What should I expect?

Comments

When you refer to trustees are you referring to your Board of Directors?? Usually, thebylaws you'll find statement about responsibility for windows maintenance. If so that will decide who pays in your case. If there is no mention in bylaws thenn look at your state's condominium act. It is most common that maintenance of windows is a responsibility of the Condominium association and not the unit owner.
Posted @ Wednesday, January 12, 2011 3:33 PM by Scott
MA has the worse condo law with the trustees (board) having absolute power over the owners with little control placed on them. The state does less then nothing to protect homeowners. Damage caused to your unit caused by the delayed maintenence of the trustees should be paid for by the hoa. In MA there is no individual fiduciary duty owed to the inndividual owner only to the association as a whole. I would suggest getting a condo savy MA lawyer and also filing a claim under your own insurance policy since you have a duty toi report it to the company promptly. 
 
 
 
Good luck. MA is not friendly to condo owners and the trustees do not even have an obligation to have public meetings other than once a year and no obligation to record or publish minutes of board meetings. Budgets are planned and passed by the trustees with no power to homeowners to do anything about the annual budget. 
 
 
 
This is why I am a condo hater and would never buy another. I can not give mine awway for love or money.
Posted @ Wednesday, January 12, 2011 6:00 PM by CONDO HATER
Maine Condominium Act 
 
 
 
Article 3: MANAGEMENT OF THE CONDOMINIUM 
 
 
 
33 §1603-101. Organization of unit owners' association 
 
33 §1603-102. Powers of unit owners' association 
 
33 §1603-103. Executive board members and officers; declarant control 
 
33 §1603-104. Transfer of special declarant rights 
 
33 §1603-105. Termination of contracts and leases of declarant 
 
33 §1603-106. Bylaws 
 
33 §1603-107. Upkeep of the condominium 
 
33 §1603-108. Meetings 
 
33 §1603-109. Quorums 
 
33 §1603-110. Voting; proxies 
 
33 §1603-111. Tort and contract liability 
 
33 §1603-112. Alienation of common elements 
 
33 §1603-113. Insurance 
 
33 §1603-114. Surplus funds 
 
33 §1603-115. Assessments for common expenses 
 
33 §1603-115-A. Optional escrow of assessments 
 
33 §1603-116. Lien for assessments 
 
33 §1603-117. Other liens affecting the condominium 
 
33 §1603-118. Association records 
 
33 §1603-119. Association as trustee 
 
Article 4: PROTECTION OF CONDOMINIUM PURCHASERS 
 
 
 
33 §1604-101. Applicability; waiver 
 
33 §1604-102. Liability for public offering statement requirements 
 
33 §1604-103. Public offering statement; general provisions 
 
33 §1604-104. Public offering statement; condominiums subject to development rights 
 
33 §1604-105. Public offering statement; condominiums containing conversion buildings 
 
33 §1604-106. Public offering statement; condominium securities 
 
33 §1604-107. Purchaser's right to cancel 
 
33 §1604-108. Resales of units 
 
33 §1604-109. Escrow of deposits 
 
33 §1604-110. Release of liens 
 
33 §1604-111. Conversion buildings 
 
33 §1604-112. Express warranties of quality 
 
33 §1604-113. Implied warranties of quality 
 
33 §1604-114. Exclusion or modification of implied warranties of quality 
 
33 §1604-115. Statute of limitations for warranties 
 
33 §1604-116. Effect of violations on rights of action 
 
33 §1604-117. Labeling of promotional material 
 
33 §1604-118. Declarant's obligation to complete and restore 
 
 
 
Condo Hater have you bothered to read the law??
Posted @ Wednesday, January 12, 2011 8:22 PM by Scott
I haver been a practicing attorney for over 2 decades. I have moore than read the law. I have practiced it. In another area of the law. MA is case law driven and the SJC (highest court in MA) has interpreted the the law to confer great power to the trustees with immunity while taking away power and rightsfrom the individual owners. You need to know what you are writing about, rather than just copying sections of the law without knowing the whole meaning of court interpretation.
Posted @ Thursday, January 13, 2011 8:15 AM by condo hater
What is I live in A condo complex in Brighton MA and it's run by G and G Managment, and they refuse to release the contact infor of the trustees. I have asked repeatedly with no reply yet. 
 
Its my right as an owner to be able to reach them and to discuss some of their recently revealed outrageous policies as decided by the management. 
 
G and G are not are not my landlords, just management and we hire the trustees. I have a right to be able to reach them right! 
 
Posted @ Tuesday, April 12, 2011 7:10 AM by Nina
What is I live in a building in Brighton MA also, that is also run by a management company . 
 
I own the unit and have found out that one of the trustees has been employed by the management company for years and continues to do work for them and collect a salary . 
 
Is this not illegal and a total conflict of interest?????????? 
Posted @ Tuesday, April 12, 2011 7:13 AM by Martha
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