M.B. from Middlesex County, Massachusetts writes:
Dear Mister Condo,
What path / legal area do we need to go down to get information on a Condo DUPLEX, where we need a new roof and the other owner does not want to/can’t afford their share of the roof? Self-managed, roofs are not covered by HOA (only if natural disaster). We need to get our roof replaced (have leak) and owner of the other half does not wish to. Roof lines are intermingled so cannot easily do 1/2 a roof.
Mister Condo replies:
M.B., if you are a regular reader of my column you know how many times I shrug my shoulders at why anyone would enter into a condominium living agreement in a two-unit association. The long and short of it is that there is almost nothing you can do to force the other unit owner to do the right thing. Yes, you can sue them but that is likely throwing good money after bad. All I can tell you is you should look at getting the repair done for your roof ASAP to stop the leak. Until the other unit owner is willing to pony up for their share of the roof, there is little you can do to make them see the light. Sorry that I don’t have better news but small association carry big problems as your all too typical situation so perfectly demonstrates. Good luck!