OWNER SAYS NO TO PAYING FOR BUILDING NOT LIVED IN:
MEEB SUCCESSFULLY DEFENDS ASSOCIATION’S ASSESSMENT
In a recent court decision, the Massachusetts Superior Court agreed with MEEB that a unit owner could not avoid paying an assessment because they didn’t use a portion of the common areas. In Gaab, et al. v. Board of Trustees of Townhomes at Beecher Place Condominium Trust, the owners of a unit filed a lawsuit asking the judge to declare that they have no obligation to pay any portion of an assessment to cover the costs of foundation repairs and earthwork needed to stop one of the condominium buildings from sinking.
The plaintiffs – whose unit is located in a different building – claimed they were not responsible to pay any portion of the costs to fix the sinking building because they have no use of that building’s foundation or the surrounding land.
The decision reinforces one of the most basic principles of condominium ownership – i.e., that all unit owners are responsible for common area repair costs, regardless of whether a particular unit owner actually is able to use the portion of the common area needing repair.
MEEB filed a motion to dismiss the owner’s claims, arguing that the plaintiffs’ use argument is immaterial because the building foundations and surrounding land are common areas, and therefore all unit owners must pay their share of the assessed repair costs, regardless of whether their units are located in a different building. In response, the plaintiffs argued that the foundations and surrounding land are either part of the units located in each building or are “exclusive use common areas,” meaning that the rights to use the foundations and surrounding land belong to the units located in each building, exclusively.
MEEB argued: (1) the building foundations are clearly defined by the condominium’s master deed as common area, not exclusive use common area; and (2) the ten-foot exclusive use areas around the buildings shown on the plans were on the surface, not below grade, because they are defined in the master deed as being perpendicular to the exterior faces of the buildings. In addition, it is not practical or logical to interpret the master deed as intending to grant ownership to a below-grade foundation simply because some unit owners had the exclusive use of the above grade land area.
The judge agreed with MEEB’s arguments and dismissed the plaintiffs’ claims seeking to avoid paying their share of the assessment for the foundation repair and surrounding earthwork.
If you have questions about common area repair assessments, please contact your MEEB attorney directly or reach us at law@meeb.com.