Should this be considered improvement or repair?

Asked over 2 years ago - Brighton, MA

The trustees are planning to repair balconies. According to the condo bylaws, the unit owners have to pay out-of-pocket for repairs but not for improvements. The construction company has to replace the old plywood, some of the old joists, the old railing, and the old deck floor and install new ones. (This means the installation of new plywood, new joists, a new railing, and a new deck floor.) Should this be considered improvement or repair?

Attorney answers (3)

  1. Erik Hammarlund

    Contributor Level 18

    Answered . You've asked this before; I suggest you reread the prior answers.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask... more
  2. William N. Chambers

    Contributor Level 13

    Answered . That definitely sounds like a repair to me. Your condo association rules should have some definition of the terms as they COULD be seen as vague.

  3. Christopher W. Vaughn-Martel

    Contributor Level 17

    Answered . Without reading your condo docs it is impossible to say with certainty, but this sounds like a repair. Please see my previous answer to you with case citations and definitions in support of that conclusion. I hope this answer has been helpful!

    Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts.... more

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