siding

[legalquest44]

What is the name of your state (only U.S. law)? Massachusetts

I own a townhouse condo in MA. We've always had wood siding. The siding in 2 of our 3 phases need to be replaced and to save money the board has decided to switch to vinyl siding. Our master deed says wood siding but the board is planning to proceed without amending the master deed. They claim that their lawyer advised them that the mention of wood siding in the master deed is merely descriptive and not binding. I was always under the impression that everything in the master deed is binding. Why would this particular item in the master deed not be binding. Is their lawyer correct?

 

[seniorjudge]

Without having read your CCRs, I couldn't say one way or the other.

So, since you've read them, what do they say about your questions?

 

[legalquest44]

more info

What does the acronym CCR mean? I'm not familiar with the term. We have a master deed, condominium by-laws and rules and regulations. The master deed per MA state law contains a description of the property and the principal materials. The description in the master deed for our condominium says wood siding. The master deed, again per the law, gives a process for amending the master deed. My question is, is this desciption in the master deed binding or merely "descriptive" as the board lawyer suggest.

 

[seniorjudge]

Q: My question is, is this desciption in the master deed binding or merely "descriptive" as the board lawyer suggest.

A: Of course a court would have to give you that answer. And, in fact, a court may have already given the answer. That is what the lawyer is basing his advice on. So, if I'd have to guess, I'd agree with the lawyer.


CCRs = covenants, conditions, restrictions

 

[legalquest44]

no precedent in MA

To the best of my knowledge based on a westlaw search, this issue has never been litigated in MA which is why I was wondering what the lawyer was basing his opinion on. The condominium law requires the master deed to contain a description of the property - which is why I assume the lawyer is calling it descriptive. I was hoping someone knowledgeable in this area could clarify why this isn't binding as other parts of the master deed are.

 

[seniorjudge]

To the best of my knowledge based on a westlaw search, this issue has never been litigated in MA which is why I was wondering what the lawyer was basing his opinion on. The condominium law requires the master deed to contain a description of the property - which is why I assume the lawyer is calling it descriptive. I was hoping someone knowledgeable in this area could clarify why this isn't binding as other parts of the master deed are.

How old is your master deed?

(Hint: Technology marches on.)

 

[legalquest44]

about 30 years old

I think the master deed is about 30 years old. Are you implying that vinyl siding is a technological improvement over wood. My concern is that it is a detriment that looks cheap and will lower our property values!

 

[seniorjudge]

I think the master deed is about 30 years old. Are you implying that vinyl siding is a technological improvement over wood. My concern is that it is a detriment that looks cheap and will lower our property values!

Then get a lawyer and sue!

Set aside $50K (if cheap) and three years (if quick).

Post back with results.

 

[legalquest44]

injunction?

Well, I was hoping to just get an injuction to prevent them from proceeding with the work - it hasn't started yet. Are we still talking 50K and 3 years? I wouldn't mind delaying them for years although they do have the option to get the master deed modified which they're trying to avoid because they probably don't have the votes.

 

[seniorjudge]

Well, I was hoping to just get an injuction to prevent them from proceeding with the work - it hasn't started yet. Are we still talking 50K and 3 years? I wouldn't mind delaying them for years although they do have the option to get the master deed modified which they're trying to avoid because they probably don't have the votes.

Injunction=lawsuit

 

[private_person3]

I understand your concerns and apprehension over Vinyl Siding. However, I believe your opinion to be a bit out dates:

Vinyl Siding actually increases a homes value (not an opinion but a stated fact). It never needs to be painted and is easier to clean than painted wood. It also seals the exterior of the home against water damage. Vinyl Siding has a lifespan of well over SIXTY years. I agree that the Vinyl Siding from the past was a bit cheap looking however, the Siding they have been using for a few years now is quite attractive. Ask just about any Realtor and they will tell you the same thing.

You would be foolish to stop this installation, as you would be benefiting greatly! This would be like stopping the installation of corian countertops in order to keep formica! Do yourself a favor and research Vinyl Siding a bit more. You too will see it is vastly superior to painted wood.

Good Luck and keep us updated!