What are my rights regarding the replacement of an outside deck by my condo association?

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What are my rights regarding the replacement of an outside deck by my condo association?

When I bought my condo there was a deck attached to the back entrance. I was told that this structure was covered by the association. The deck needs replacing and the association originally voted to replace it, now they want a new vote to deny replacing it unless I can come up with in writing that the deck was part of the original structure when built not just when I bought unit and I’m unable to come up with this in writing. Can they deny me coverage?

Asked on August 23, 2010 under Real Estate Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Condos have written documents known as "offering plans" and each state has a check list of what needs to be in them, which is usually a detailed record describing the transaction and the sponsor and the relationships and yes, the unit in which you are living.  It is a huge document and it should have been read by your attorney upon purchase of the unit.  The issue as to the deck should be in there. If it is not then you are going to have to decide how to go from there, but with an attorney's advice.  How the original vote plays in to all of this is an issue as well.  Are we saying that it was originally voted as covered and now it is not?  They may be able to do so.  You can claim reliance on their vote but if the plan states otherwise you may be out of luck.  Check local ordinances as well.  Good luck.


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