Page 5 - New England Condominium January 2022

NEWENGLANDCONDO.COM
NEW ENGLAND CONDOMINIUM
-JANUARY 2022
5
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substitute for professional advice regarding your
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sionals with any questions you may have regard-
ing technical or legal issues.
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Q&A
QUESTIONS & ANSWERS
Legal
Q
A&
Stained Relationships
Q
I am a trustee at a 50-unit con-
dominium association in Mas-
sachusetts and I have a question.
There are two condominium own-
ers involved. One owner lives above the
other owner. The upstairs owner had a
minor leak from a shower head. It caused
minor damage to the ceiling of the
downstairs unit owner (small water ring
around a light). Who is responsible for
repairing (if it is necessary) and bleach-
ing the white ceiling to remove the stain?
I thought I recently read in a newslet-
ter that the downstairs unit owner was
responsible for repairing and bleaching
the ceiling even though the damage was
caused accidentally by the upstairs own-
er’s shower. Can you help me understand
the legal answer so I can try and resolve
this issue?
—Staring at the Ceiling
A
“Based on the circum-
stances described, you
have an issue between two
owners (as opposed to an issue involving
the association),” says Gary M. Daddario,
partner in the Braintree, Massachu-
setts firm of Marcus, Errico, Emmer &
Brooks, P.C. “These situations sometimes
arise and become somewhat similar to
disputes that may be had between two
neighbors with single-family homes.
“I was previously involved in a Mas-
sachusetts case which I think was ana-
lyzed by the court in typical fashion. The
court made inquiry as to whether or not
the upstairs unit owner was negligent in
some manner. The court looked at ques-
tions like, ‘When did the upstairs owner
become aware of the problem? Once they
knew about it, what was their response?
Should they have [responded] any soon-
er? Was there any lack of normal main-
tenance which would have avoided the
problem?’ In that case, the court con-
cluded that a toilet leaked through no
fault of its owner and that the owner took
appropriate measures to fix it as soon as
they became aware.
“So, the court explained, while the
circumstances are somewhat tragic, they
do not present a case for legal recovery.
Based on the information provided, I be-
lieve your case would be analyzed along
the same lines. Other options would in-
clude the possibility of the damage being
covered by either owner’s H06 insurance
policy. The final answer as to those op-
tions would depend on the existence of
such insurance and the terms of the poli-
cies, as well as the deductible amounts
and the dollar value of the damage.”