When are condo owners liable?
Welcome back to Attorney Richard D. Vetstein. Today, he answers questions about condo ownership and what an owner could be held responsible for.
Q: Is an individual unit owner liable if someone gets hurt in the condominium’s common areas?The answer is no. This is good lead in to the concept of “common areas.” When someone buys a condominium unit, they also obtain an undivided share of the condominium’s common areas and facilities. Common areas typically include obvious things such as building entrances and exits, lobbies, interior stairways, pools and workout rooms. They also include not so obvious areas such as the space between adjoining units, telecommunication wires, and the roof. As outlined in the “master deed,” each unit owner “owns” an undivided share (expressed as a percentage) of all the common areas. But the condominium association has responsibility over managing and maintaining the common areas. Recognizing that unit owners have very little control over common areas, the Massachusetts Condominium Act provides that only the condominium association can be sued for claims related to common areas. In any event, the condominium association should also have a master liability insurance policy in place in case anyone gets injured on common area property. Now, if your unit has a private deck or porch (which is not a common area) with a faulty railing, you could be held responsible if someone fell.
That’s why it’s critical that unit owners have their own “HO-6” unit insurance policy in place.
Q: I own a condominium unit and rent it out to students. Am I responsible for my tenant’s noise and disturbance problems?
The answer is yes. While a precise response would depend on the provisions of the condominium’s bylaws, typically, a unit owner is responsible for the actions of tenants. Most often, a condominium’s bylaws and house rules are binding on unit owners, resident family members and tenants. If a tenant violates a house rule — by making excessive noise — the unit owner is responsible for all consequences. The condominium association can require the unit owner to evict the tenant; if the unit owner fails or refuses, the condominium association may be able to take separate legal action against the owner and levy stiff fines. If the bylaws provide, the unit owner may be responsible for reimbursing the condo for legal fees and other expenses incurred in connection with his tenant’s eviction. Disgruntled unit owners can also pursue “nuisance” claims against unit owners who rent to noisy tenants. This is a tricky issue with an absentee unit owner who cannot verify the nature of the complaints. Surely, however, renting to noisy tenants will earn you no favors with your fellow unit owners.
To add a practical note to this, I recommend to my clients that they get their unit policy with the same company that holds the condo master policy (HO-6.) If you have two companies insuring you, it can lead to them fighting about who is going to pay the loss.
Any other questions? Have you had losses in your association that you want to tell us about? have you had a dispute between association and unit owner liability?
Have you had problems with tenants? Absentee owners?
