Can I pay specialist to fix a problem condo that is coming from common property and subtract this money from condo fee? State: MA

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Can I pay specialist to fix a problem condo that is coming from common property and subtract this money from condo fee? State: MA

Question about condo law. I am a condo owner. For 5 monthes I report the same problem to condo association. Parking lot photoelement above my window is broken and makes loud buzzling noise at sunrise. This noise wakes up me every morning at 5 am. Condo association is not wiling to repair the problem. Can I call electrician to fix the photoelement and provide check as part of my monthly condo fee? Is it valid for any problem in condo: if I call specialist and he finds out the problem is caused by common property – can I pay specialist to fix it and subtract this money from my condo fee?

Asked on June 9, 2009 under Real Estate Law, Massachusetts

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

This is not like a rental. You need to review your entire condo agreement/bylaws.  Usually such a cost must be passed through a condo association vote.  If the vote is a no go, you cannot go that route but you can always sue. 

You need to consult with a condo lawyer in your state who has reviewed your bylaws.  Try www.attorneypages.com and check the Mass. Bar for his or her record.

Further, you may wish to check in with the Mass. Attorney General's office.


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