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Is Sewage Repair Considered a Maintenance/Repair or an Improvement?


I am a unit owner in a 40 unit condo association in Massachusetts. Last year several unit owners on the first floor experienced a major sewerage backup event during a heavy rainstorm. The condo association did a great job responding to the cleanup and we are now trying to figure out the solution to fixing the problem. An engineers report is/has been obtained and the fear is that the cost to repair will be high. There is debate going on as to whether the repair is considered under the maintenance/repair category or if this is an improvement. Under Massachusetts condo law there is no description for either. If this is considered an improvement then potentially 75% of unit owners would have to agree to have the problem fixed . Those of us who were unlucky enough to have experienced raw sewerage backup flowing through their condo consider this as a necessary maintenance/repair expense. What are your thoughts?

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