Damage to Unit from improper maintenance of common area

What is the name of your state?What is the name of your state? MA

The entryway to the roof of my building has not been properly maintained and the result is that whenever it rains outside, it also rains inside of my top-floor condo. This has been going on for a year and my ceiling has taken considerable damage. It's not worth fixing the ceiling because the leaky entrance has not yet been fixed and if I repair the ceiling, it will just get damaged again the next time it rains. The association has been aware of the problem for a year, but has been unable to get a contractor in to fix it for this full year. I have just accepted a job in another state and NEED to sell my unit. It will not sell with a damaged ceiling and leaks. Do I have any recourse? Can I hire my own contractor to fix it and take it out of my condo fees since it is supposed to be a common area expense? I also do not have a copy of the By-Laws which should outline how the CA will maintain common areas and do not know where to get one (trustees and management company are of no help). Any advice?

[HomeGuru]

Originally Posted by lauramf

What is the name of your state?What is the name of your state? MA

The entryway to the roof of my building has not been properly maintained and the result is that whenever it rains outside, it also rains inside of my top-floor condo. This has been going on for a year and my ceiling has taken considerable damage. It's not worth fixing the ceiling because the leaky entrance has not yet been fixed and if I repair the ceiling, it will just get damaged again the next time it rains. The association has been aware of the problem for a year, but has been unable to get a contractor in to fix it for this full year. I have just accepted a job in another state and NEED to sell my unit. It will not sell with a damaged ceiling and leaks. Do I have any recourse? Can I hire my own contractor to fix it and take it out of my condo fees since it is supposed to be a common area expense? I also do not have a copy of the By-Laws which should outline how the CA will maintain common areas and do not know where to get one (trustees and management company are of no help). Any advice?

**A: first off, you need to read your CC&R's. If you are an owner, send a certified rrr letter to the mgt co. or HOA and request a copy. Be willing to pay for the copies.