What is considered to be an improvement versus a repair?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is considered to be an improvement versus a repair?

The trustees are planning to repair balconies. According to the condo by-laws, the unit owners have to pay for repairs. The construction company has to replace the plywood, some joists, the railing, the old deck floor and install new ones (this means the installation of new plywood, new joists, a new railing, and a new deck floor). Should this be considered improvement or repair? The cost difference between repair and improvement is about $200 which equals the cost of those joists that are to be replaced.

Asked on June 20, 2012 under Real Estate Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A "repair" of an item is when there is a situation where the object is damaged and the work done with respect to it places the item in the condition it was in before it was damaged.

An "improvement" is then the item repaired is placed in a much better situation than before the item was damage. The "improvement" is not equal to the item that was "repaired".

The improvement to the item places it in a much better position. For example, one has damaged pressured treated decking. Rather than repair the damaged decking with pressure treated lumber, clear heart redwood is used. The redwood is an "improvement" as to the deck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption