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

UPDATED: Jun 9, 2009

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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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 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 and check the Mass. Bar for his or her record.

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

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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