TilestonV (Massachusetts)
Posts: 7
Posts: 7
Posted:
I live on the 3rd floor of a 3-unit condo. There is a crawl space (I wouldn't call it an attic) that only I have access to. It is not insulated, which is a big problem for me in the winter. I'd like to add insulation.
I've checked my Unit Deed and my Master and there's nothing that indicates if my crawl space is my responsibility or the HOA's. The floor plans don't even include it.
The deed basically says I'm responsible for upkeep of my (walls-in) Unit and my Exclusive and Limited common areas...but the deed fully spells out what all those areas are, and the crawl space isn't mentioned. It also lists what common areas ARE the HOA's responsibility, and it's not included there either.
Are crawl spaces typically considered part of the roof (which IS common), or since I'm the only one with access to it, is it considered "mine"?
5. Common Areas and Facilities: The Common Areas and Facilities of the
Condominium consist of:
(a) Each Unit shall have
as an appurtenant right the exclusive use of any portion ofthe land ofthe Common Areas and
Facilities which is shown as an "exclusive use common area", "exclusive common area" or
"exclusive use area" on the Site Plan or As Built Plan. Such exclusive use areas shall be subject to
all easements, restrictions and reservations of record, to the rights of the Trustees to maintain water, sewer, storm, electric, telephone, gas, cable or other utilities of every type, nature and description whether in use now or in the future above, on or below the surface of the exclusive use area
(b) The yards, entranceways, lawns, walkways, and other improved or unimproved
areas not within the Units, and all exterior railings, walls, steps, lighting fixtures and plants.
(c) All areas of the building comprising the Condominiwn and all facilities,
installations and improvements therein which are not within the boundaries of the Units as defined
in this Master Deed and without limiting the generality of the foregoing:
(i) The foundations, structural columns and elements, studs, supports, bearns,
girders, roof, chimneys and those portions of the exterior walls, common walls, party walls, floors and ceilings which are not a part of the Unit.
(ii) All conduits, ducts, pipes, plwnbing, water meters, wiring, electric meters,
and other facilities for the furnishing of utility services which are contained in portions of the building contributing to the structure or support thereof, and all such facilities contained within any Unit which serve parts of the Condominium other than (or in addition to) the Unit within which such facilities are contained, together with an easement of access thereto in favor ofthe Trustees of Tiles ton Village Condominium Trust for maintenance, repair and replacement of the like; all other apparatus and installations existing in the building for common use or necessary or convenient to the existence, maintenance or safety of the building.
The storage areas in the basement and covered hallway are in the Common
Areas but are designated as exclusive use areas to particular units as shown
on the As-Built Plan. These areas shall be maintained by the Unit Owner
having exclusive use of that area. The deck that is a Common Area
designated to the exclusive use of Unit 3 shall be maintained by the owner of
Unit 3 from the deck sub-floor and related sub-floor platform structural
integrity and including the upper surface of the decking.
Landscaped areas, driveways and exclusive use parking areas, shall be
maintained and plowed for snow as a common expense of the
Condominium.
I've checked my Unit Deed and my Master and there's nothing that indicates if my crawl space is my responsibility or the HOA's. The floor plans don't even include it.
The deed basically says I'm responsible for upkeep of my (walls-in) Unit and my Exclusive and Limited common areas...but the deed fully spells out what all those areas are, and the crawl space isn't mentioned. It also lists what common areas ARE the HOA's responsibility, and it's not included there either.
Are crawl spaces typically considered part of the roof (which IS common), or since I'm the only one with access to it, is it considered "mine"?
5. Common Areas and Facilities: The Common Areas and Facilities of the
Condominium consist of:
(a) Each Unit shall have
as an appurtenant right the exclusive use of any portion ofthe land ofthe Common Areas and
Facilities which is shown as an "exclusive use common area", "exclusive common area" or
"exclusive use area" on the Site Plan or As Built Plan. Such exclusive use areas shall be subject to
all easements, restrictions and reservations of record, to the rights of the Trustees to maintain water, sewer, storm, electric, telephone, gas, cable or other utilities of every type, nature and description whether in use now or in the future above, on or below the surface of the exclusive use area
(b) The yards, entranceways, lawns, walkways, and other improved or unimproved
areas not within the Units, and all exterior railings, walls, steps, lighting fixtures and plants.
(c) All areas of the building comprising the Condominiwn and all facilities,
installations and improvements therein which are not within the boundaries of the Units as defined
in this Master Deed and without limiting the generality of the foregoing:
(i) The foundations, structural columns and elements, studs, supports, bearns,
girders, roof, chimneys and those portions of the exterior walls, common walls, party walls, floors and ceilings which are not a part of the Unit.
(ii) All conduits, ducts, pipes, plwnbing, water meters, wiring, electric meters,
and other facilities for the furnishing of utility services which are contained in portions of the building contributing to the structure or support thereof, and all such facilities contained within any Unit which serve parts of the Condominium other than (or in addition to) the Unit within which such facilities are contained, together with an easement of access thereto in favor ofthe Trustees of Tiles ton Village Condominium Trust for maintenance, repair and replacement of the like; all other apparatus and installations existing in the building for common use or necessary or convenient to the existence, maintenance or safety of the building.
The storage areas in the basement and covered hallway are in the Common
Areas but are designated as exclusive use areas to particular units as shown
on the As-Built Plan. These areas shall be maintained by the Unit Owner
having exclusive use of that area. The deck that is a Common Area
designated to the exclusive use of Unit 3 shall be maintained by the owner of
Unit 3 from the deck sub-floor and related sub-floor platform structural
integrity and including the upper surface of the decking.
Landscaped areas, driveways and exclusive use parking areas, shall be
maintained and plowed for snow as a common expense of the
Condominium.
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