Who is responsible

[maggielouwho]

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


I own a condo in a small association. The condo documents states that the third floor owner has exclusive rights and use of the garden. the other owners only have the right of way for passage to the front door.

Recently a portion of the fence around the garden fell over. I was asked by the association to discuss paying for a new fence. I do not believe the association is obligated to pay for the new fence. Are we?

Further I am concerned that the present condition of the fence represents a hazard. It is winter and if someone slips and falls against the rusty metal brackets, which are exposed, would the condo association be liable?


Thank you for your attention to this issue

[HomeGuru]

Originally Posted by maggielouwho

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


I own a condo in a small association. The condo documents states that the third floor owner has exclusive rights and use of the garden. the other owners only have the right of way for passage to the front door.

Recently a portion of the fence around the garden fell over. I was asked by the association to discuss paying for a new fence. I do not believe the association is obligated to pay for the new fence. Are we?

**A: Read your CC&R's with respect to limited common elements and specifically the fence in question.
******
Further I am concerned that the present condition of the fence represents a hazard. It is winter and if someone slips and falls against the rusty metal brackets, which are exposed, would the condo association be liable?

**A: yes.
*******

Thank you for your attention to this issue

**A: no problem.

[maggielouwho]

The Condo docs make no reference to the fence.