Property Q&A in Fall River>Question Details

Courtney Fin…, Real Estate Pro in Fall River, MA

Is it possible to dissolve the trust of a condo association, amend the deed and petition a city to turn the common area road to a public street?

Asked by Courtney Finnerty, Fall River, MA Thu Jan 19, 2012

Currently I live in a condo that is under litigation. There are 16 occupied units and 8 bldgs. A retaining wall fell down on 1 bldg comprised of 2 units. A lawsuit by one owner was filed. 5 yrs later and it maybe settled out of court without the wall being fixed. If this occurs we have been told it will fall on the condo assoc shoulders to repair as it is common area. 10 of the 16 units do not have the wall behind their property. At a cost of $695,000 it will be a huge cost to each owner to repair. I want to see if it is possible to dissolve the trust, deband the association, and petition the city to turn the common road into a public street. Could the common areas be broken up and owned by each bldg as part of the duplex vs a condo?

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This must be Gage Hill Estates. The coplex was approved as condos and if they were individual houses they unfortunately would not have enough land area to be leagl lots. This the common yard. This situation is very rare but happened unfortunately. You really need to consult with an attorney.
0 votes Thank Flag Link Tue Mar 5, 2013
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