I have the right to use a roof deck exclusively in my condominium building and the roof and the deck are getting to the point where they need repair or replacement. Who has the responsibility for that?

In dealing with so-called limited common areas, those common areas for which a particular unit has an exclusive use, the answer to that question is generally found in the documents establishing a condominium. Usually the master deed will spell out whose responsibility it is to repair and replace the deck and the roof. If you do not find it in your master deed it may be in the unit owners organization document, usually a condominium trust. In most condominium documents the obligation of replacing the deck is usually that of the unit owner but the obligation of replacing the roof is generally the obligation of the condominium association. But that is not always the case so you need to look at the condominium documents for that answer. Sometimes the documents will provide that the unit owner that has the exclusive right has the obligation to keep the limited common area in a clean and orderly condition but that structural repairs or replacement are the responsibility of the condominium association. Look to your condominium document for the answers.

If you have questions about this or any other legal matter, please contact Tom Bennett at (617) 531-6574 or tvb@barronstad.com.