Q I am the owner of a condo unit. I have a mold problem which stems from water  damage coming through the outside bricks. I had a mold assessment company take  air and material samples. It was determined that there is extensive mold growth  and damage. I assume the management company is responsible for any and all  cleaning and repairs to my unit?  

 —Responsible in Revere  

A “A condominium is a hybrid type of ownership with individual ownership of the  unit and an undivided interest with the other unit owners in the common area of  the condominium,” says attorney Cameron C. Pease of Goldman & Pease in Needham, MA. “The condominium documents and, in particular the Master Deed, will define what  is considered common area. Typically, the trustees of a condominium are  responsible for repairs and maintenance in the common area and you are  responsible for repairs and maintenance in your unit.  

 “Who is responsible for any and all cleaning and repairs to your unit will depend upon what caused the mold in your  unit (i.e., the failure of the trustees to maintain and repair the common area  or the failure of the unit owner to maintain and repair their unit). In your  case, it sounds like the mold arose from water infiltrating through the outside  brick of your building. While you need to look at the condominium documents,  typically the exposed brick on the outside of the condominium is considered  common area. You should take the position that any damage to the interior of  your unit was caused by the trustees’ failure to adequately repair and maintain the common area. In such case, the  trustees are responsible to pay for the cost of repair, maintenance and  cleaning in both the common area and your unit. Have an expert report  confirming that the mold arose from water infiltrating through the outside  brick of your building.”           n