maggielouwho
Junior Member
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 yard is apart of the common area. The master deed states the comon area is " subject to the exclusions listed further on in the document. Among the exclusions is the following: "The owner of unit 3 exclusive use and exclusive obligation to maintain said garden". Other than this exclusion no where in the documents does the master deed make any reference to the fence or owner ship of the fence. As you might expect this fence encloses the garden, with a gate at the walkway. The other owners only have the right of way for passage to the front door.
The fence has fallen down and has become a liability to everyone concerned.
The owners of the third floor insist the fence is the responsibiltity of the association.
I do not believe the association is obligated to pay for the new fence. Are we?
I own a condo in a small association. The condo documents states that yard is apart of the common area. The master deed states the comon area is " subject to the exclusions listed further on in the document. Among the exclusions is the following: "The owner of unit 3 exclusive use and exclusive obligation to maintain said garden". Other than this exclusion no where in the documents does the master deed make any reference to the fence or owner ship of the fence. As you might expect this fence encloses the garden, with a gate at the walkway. The other owners only have the right of way for passage to the front door.
The fence has fallen down and has become a liability to everyone concerned.
The owners of the third floor insist the fence is the responsibiltity of the association.
I do not believe the association is obligated to pay for the new fence. Are we?