![]() When a person purchases a condominium unit, although he owns the fee interest in his individual unit, he does not get the right to change, take away from, or encroach upon the common elements. It is well established under Massachusetts law that management and control of the common areas is vested in the organization of unit owners, i.e. He never asked for and never received approval from the condominium trust before taking these actions. His bottom line is that he feels that he can do whatever he wants with his property. ![]() The unit owner’s motivation may be innocent, nefarious, or somewhere in between. ![]() These are just a few examples of how condominium common elements can be altered or encroached upon by a unit owner. The unit owner decides that he needs more storage and erects a shed on the condominium grounds. Perhaps your condominium consists of townhouses. In order to receive the permit, he needs to add fire sprinkler heads and tap into the building’s fire alarm system. He applies to Boston Inspectional Services Department Building and Structures Division for a permit. Perhaps he wants to make renovations within his unit. He decides to remove the finished ceiling and joists in order to expose the space above. It occurs to the unit owner that maybe he could have higher ceilings. Perhaps your condominium building is a converted loft. All things done by common consent install#In order to install the new window, he cuts a hole in the building envelope. Perhaps he wants a larger living room window. In so doing, he makes changes to the common areas and facilities. ![]() The unit owner has decided to renovate his unit. One day, the board of trustees learns that a unit owner has altered, or will imminently alter, the common areas and facilities of the condominium. Your board takes seriously its responsibilities to maintain, repair, and protect the condominium property. You own a unit in a Massachusetts condominium and serve on your association’s board of trustees. ![]()
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