Limited common element question

[stephen fauteux]

What is the name of your state (only U.S. law)? Massachusetts
I own a condo in a 2 unit condominium. My condo master deed states that the unit 2 owner has exclusive use of the second floor deck and the exclusive obligation to maintain the deck. It says nothing, however, about repairing or replacing the deck. It does say that the unit 1 owner may add, maintain and repair or replace a deck on the first floor.

The unit 2 deck needs to be replaced. Does the unit 1 owner have to contribute his pro rate share to the unit 2 deck replacement?

 

[justalayman]

There is a difference between casual maintenance and maintaining something. Repairing is maintaining. If it needs to be replaced, that is maintaining as well.

why would the owner of unit 1 be liable for anything that you use exclusively?

It sounds like it's all on you.

 

[stephen fauteux]

The master deed says unit 1 can add a deck but then has to maintain, repair or replace as necessary. That implies that unit 2 only has to maintain, not repair or replace, no?

 

[Banned_Princess]

The master deed says unit 1 can add a deck but then has to maintain, repair or replace as necessary. That implies that unit 2 only has to maintain, not repair or replace, no?

you already said it says in your master deed that unit 2 has to maintain unit 2's deck.

sounds pretty clear to me.

unit one maintains deck one, and unit two maintains (including fixing or replacing) deck two.

 

[justalayman]

The master deed says unit 1 can add a deck but then has to maintain, repair or replace as necessary. That implies that unit 2 only has to maintain, not repair or replace, no?

You are using the term: maintain, as being short for general maintenance i.e paint, clean, and other similar light repair. Maintain can also mean; do whatever it takes to continue the good condition and usability of the deck. I read your situation as the second use of the term.