Skip to main content

Should this be considered improvement or repair?

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. 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 on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.


  2. 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. 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. All answers are based on Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. To schedule a consultation with a lawyer, and obtain advice and review of your specific legal issue, please call us today at 617-357-4898 or visit us at www.vaughnmartel.com.