his question was submitted by Mary of Massachusetts
I live in a 55-unit condominium. We are in the process of doing roof repairs. Our HVAC or AC equipment on the roof will need to be disconnected and then reconnected. Our Management and Trustees want us to sign this Amendment to our Declaration of Trust:
"Notwithstanding anything in the Master Deed or Declaration of Trust to the contrary, each the Unit Owner shall also be responsible for the proper maintenance, repair, and replacement of both his/her/their respective Unit and the utility fixtures, the HVAC systems and attendant wires, pipes and other equipment that exclusively serve such Unit, whether or not located therein."
To me, this means that the pipes that carry the refrigerant and run from the roof to individual units on 5 different floors would become our responsibility should they deteriorate and a leak occur. The pipes were put in when the building was constructed.
This does not seem right to me. I would think it is common area even though it serves an individual unit.
