Legal Question in Civil Litigation in Massachusetts
Hello. I live in a 160 unit townhouse complex. The electrical service cable from a transformer shared by 5 units has broken within the last 3 months on 3 of the 5 connections. The Condo association is claiming that it's the individual owner's responsibility to repair. What say you? Relevant section from the C&R's. Hold on to your hat... Even the best lawyer will have fun interpreting this. ;-)
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1. Mnintenance. All maintenance, repairs and replacements to any Living Unit and to the interior surfaces of Garages, decks and patios and of related fences and railings with respect to which a Member has an exclusive easement, whether structural or non-structural, ordinary or extraordinary (other than maintenance, repairs and replacements to the Community Elements contained in a Living Unit not necessitated by the negligence, misuse or neglect of the owner of such Living Unit), electrical, plumbing, heating and air-conditioning fixtures within or serving exclusively his Living Unit shall be done by th� Member at such Member's expense. Each Member shall be responsible for all damage to any and all other Living Units and to the Community Elements, that his failure to make prompt repairs may engender. If a Member fails to maintain any portion of a Living Unit visible from the ~xterior and which is not part of the Community Elements or to which he has an exclusive easement, then the Homes Association may, after reasonable notice given to such Member, repair or replace the same and assess the cost thereof against the Living Unit. Any expense of maintenance, repair or replacement incurred by the Homes Association on account of the negligence, misuse or neglect of any Owner or person residing in or servicing a Living Unit of said Owner, shall be the obligation of said Owner to be paid forthwith upon demand.
1 Answer from Attorneys
Is that the only paragraph that addresses maintenance and costs?
That paragraph says, explicitly, that any damage incurred is at the unit owner's expense. It goes on to say that if you don't repair it either a) they can do it and then charge you for it, b) you are responsible for any consequential damage that results from a failure to repair, and c) that they can fix it, fix any consequential damage, and bill you for the whole lot.
You are taking a gamble by not repairing. You'd probably be better off getting it repaired and then pursuing any claim against the association after the fact (if there is a claim there).
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