hi my name is Susan and I have a very difficult question my condominium of that I own outright I purchased it in January 2013 for cash no mortgage the purchase and sales agreement shows that an $8,200 assessment was paid by the seller for some improvements and safety hazard repairs on the decks of the condos it hadn't been done in 2 years now in 2015 I called the building inspector he came down and he cited 9 violations my deck being one of a safety hazard and must be fixed immediately this bought the adjoining neighbor is a trustee and he took half of my percentage I have exclusive rights to the balcony and now he has trespassed on my balcony by telling the contractors to put up a railing and spliit . there is no discussion no vote I came home one day and saw my balcony half of it was gone. Now he has half of my sq footage. what can I do I'm a single mom not working with disabilities it is stated on my purchase and sale special assessment paid $8,200 by seller they repaired the balconies but the adjoining neighbor is a trustee and he took half of and that was the whole reason I bought the condo..and these three trustees that strong-arming me what can I do.??
You can bring the issue to the attention of the condo board (if there is one) and the other trustees can make the other owner take down the railing. Condo boards are required to enforce the terms of the master deed and the individual unit deeds. If they don't comply, you can bring a lawsuit to assert your rights, just as you would if your neighbor put up a fence on your land between houses.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
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