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According to our condo's Master Deed, parking areas are a common charge. Shouldn't carports be included as a common expense?

Chatham, MA |

Our condo has assigned spaces for each condo unit in our carport areas. Some owners want to split the costs equally amongst the owners when repairs are done while I believe the cost of repairs should be divided according to each owner's percent of the undivided interest in the common areas and facilities. Is it legal for the Board to decide to split costs equally when our Master Deed specifically states that no amendment which alters the percentage of undivided interest to which any unit is entitled in the common areas and facilities shall be of any force or effect unless the same has been signed by the owners of all the units and said instrument is therein designated as an Amended Master Deed?

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Filed under: Real estate
Attorney answers 1


The master deed governs. If the trustees are misconstruing the terms of the master deed and/or declaration of trust... You may have recourse. Speak with a condominium lawyer.

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