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Subject: Condo trust document question
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Author Messages
StanleyS4
(Massachusetts)

Posts:3


05/03/2021 7:17 AM  
Good Morning

I am part of a 2 unit townhouse condo trust. I have discovered that the other owner is making structural changes to an inside wall, one that may be weight bearing. the trust document, separate from master deed, states no structural changes, additions, or modifications can be made without written consent by the trustees. he is 1 and I am the other.

my question is really guidance if there is any on how to proceed?

Is the document solid if I were to hire a lawyer?

Anyone have an experience similar?

Thank you very much for any thoughts you may have.
TimB4
(Tennessee)

Posts:17856


05/03/2021 8:14 AM  
Contact the local permit office and let them know that you believe the unit next door is changing supporting walls without permits.

They will investigate.
StanleyS4
(Massachusetts)

Posts:3


05/03/2021 8:35 AM  
Tim,

Thanks for reply. that's a thought but I am more interested in the view from the condo trust document and how enforceable it is and is the only way lawyer involvement?
CathyA3
(Ohio)

Posts:2607


05/03/2021 9:02 AM  
Prohibitions on structural changes in a condo community are very common. It's also common to have language saying that owners may not do anything that affects the insurance status of the common area, which this almost certainly would do.

I'm not a lawyer and haven't read the trust document, but I'll go out on a limb and say it's solid. I'd do what Tim suggests and start with the local permit office.
TimB4
(Tennessee)

Posts:17856


05/03/2021 5:55 PM  
Stanley,

For quick action - make a complaint to the permitting office. They have authority to stop the work immediately.

Regarding Associations, I suspect that your documents, like most Associations, specify that the Association (or any owner) may enforce the covenants through the courts. Combining the fact that someone may have already spent money on some major renovations, it's likely (and I would certainly recommend) that the Association will need to involve an attorney. Initially to get the owners attention and for legal action if the owner doesn't want to comply.
StanleyS4
(Massachusetts)

Posts:3


05/04/2021 3:38 AM  
Thank you all for assistance. I probably will check with building inspector although I know they have some limits on entering a property.
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