Sano, et al. v. Tedesco, et al. (Lawyers Weekly No. 11-108-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 12‑P‑746 Appeals Court JOSEPH M. SANO & another[1] vs. PATRICIA A. TEDESCO, trustee,[2] & others.[3] No. 12‑P‑746. Essex. January 2, 2013. ‑ August 28, 2013. Present: Trainor, Brown, & Milkey, JJ. Condominiums, Common area, Common expenses, Master deed. Real Property, Condominium, Deed. Deed, Construction. Civil action commenced in the Superior Court Department on February 7, 2011. The case was heard by Timothy Q. Feeley, J., on motions for summary judgment. Robert J. Gizmunt for the defendants. Joseph M. Sano for the plaintiffs. BROWN, J. At issue in this case is whether the costs associated with repair of balconies affixed to the Portland Condominium Trust (Portland) building are a common expense or the responsibility of individual unit owners. The plaintiffs, Joseph and Susan Sano, owners of a unit without an adjacent balcony, commenced this action seeking a judgment declaring that the individual owners whose units are adjacent to each balcony are responsible for its repairs. The defendant trustees, each of whom owns a unit with an adjoining balcony, contend the repairs to the balconies are to a “common area” and the cost of repairs should be paid from the common fee assessments. On cross motions for summary judgment, a Superior Court judge ruled that the balconies and the beams supporting them are part of the units they serve and are not common areas. We affirm in part and reverse in part. Background. The essential facts are not in dispute. Portland, comprising a single residential building on land located in Lynn, was organized in 1980 as a condominium, pursuant to G. L. c. 183A, inserted by St. 1963, c. 493. Putting aside the basement containing a single unit, each of the three main floors of the building has an identical rectangular layout with eight units per floor. The units on each floor are adjacent to a single central interior hallway, four on each side of the hallway. On the exterior of each floor, two balcony structures are affixed, one on each side of the building that is parallel to the central hallway. Although the record does not contain their dimensions, the floor plans recorded with the condominium master deed show that the center of each balcony is adjacent to the interior wall that separates two middle units, and the […]