"Common Area" in MA

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JFElec

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Boston, MA, USA
In a multi family home, with no public meter, each unit is owned by separate people. An upper level unit is for sale, thus triggering home inspection.

Unit 1 : being gutted and renovated, and currently being brought up to code.
Upper level units : share front entry/stairs and back stairs.
All units have access to basement from back stair and side yard.

Inspection confirmed (what was already quite obvious, if one was willing to look up while in basement) that knob & tube is present in basement, and another contractor was hired and found it present in upper level units, whilst #1 has none.

Though I understand the ins and outs of abatement of K&T, I am curious as to how one owner could want to "share" the costs of K&T removal in their unit/home with other owners, siting "common walls" as a shared expense.

I've searched MA building code a bit, but have found very little useful info, perhaps I need help expanding my list of searchable items? I've also read about as much as I can handle of M.G.L 183A, section 5, but don't have an (easily understood or quotable) answer as to if "sharing costs" of work done in another unit is legit.

Has anyone experienced something like this before? Perhaps this is just the joys of city/condo living rearing its ugly head? Would the presence of a public meter have avoided some conflict or confusion? Are the homeowners in question just baulking at the cost and trying to lessen the blow to their bank account? In my 15 years of resi work, I've not had this situation arise.

It seems as though this situation could take a sharp turn between homeowners and end up with them wanting to pit the electricians against each other, which I'd be all to grateful to avoid.

Any thoughts, suggestions, or shared experiences would be appreciated.


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There is no code requirement to remove or replace K&T.

I'm wondering about the legality of the claim that a common wall is a common cost. Since they don't have a public meter, i think the common areas are less clearly defined for homeowners. My question is not about removal of K&T, though that is the issue that triggered this question.


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I'm wondering about the legality of the claim that a common wall is a common cost. Since they don't have a public meter, i think the common areas are less clearly defined for homeowners. My question is not about removal of K&T, though that is the issue that triggered this question.


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Here is my opinion.

Because there is no legal obligation to remove K&T the only person paying the bill to do so should be the one wanting / causing the K&T to be removed.

Never forget our MA rules.:)

Rule3-4.jpg
 
Here is my opinion.

Because there is no legal obligation to remove K&T the only person paying the bill to do so should be the one wanting / causing the K&T to be removed.

Never forget our MA rules.:)

Rule3-4.jpg

Lol, forget MA rules? Me? Nevah!

In fact I was looking for some verbiage about common spaces (building code or otherwise) to follow up the very rules you cited above.

I agree with you that the seller of Unit X who needs removal for sale/with added threat of loss of insurance shall incur the total cost of removal.


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I'm wondering about the legality of the claim that a common wall is a common cost. Since they don't have a public meter, i think the common areas are less clearly defined for homeowners. My question is not about removal of K&T, though that is the issue that triggered this question.


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Among other things, wiring and plumbing located within a common wall can still serve only an individual unit, with different circuits and pipe runs for each of the two adjoining units.

The whole situation of who, within a condominium, is responsible for maintenance of a common area should be defined in the legal documents that set up the condominium structure in the first place.
Frequently there is a condominium association that can levy fees on the individual owners to maintain or upgrade infrastructure supplying power up to the boundary of the individual units and for truly common areas accessible to owners of multiple units but not owned by them.

In NY you have the additional option of a co-op, where the tenants share the ownership of the building and havee rights to use of some areas but do not have actual individual title to specific parts of the property.
 
Among other things, wiring and plumbing located within a common wall can still serve only an individual unit, with different circuits and pipe runs for each of the two adjoining units.

The whole situation of who, within a condominium, is responsible for maintenance of a common area should be defined in the legal documents that set up the condominium structure in the first place.
Frequently there is a condominium association that can levy fees on the individual owners to maintain or upgrade infrastructure supplying power up to the boundary of the individual units and for truly common areas accessible to owners of multiple units but not owned by them.

In NY you have the additional option of a co-op, where the tenants share the ownership of the building and havee rights to use of some areas but do not have actual individual title to specific parts of the property.
Sounds like this wall is probably older then any common wall rules that may exist today.

Maybe a solution is to put at least a 1 hour finish over existing wall, then build another wall to encase wiring, plumbing etc. in the space being remodeled.

I don't think it is right make the neighbor fix anything if they aren't doing any remodeling. That is a little like putting a hammer through their side of the wall and telling them they need to pay for fixing it.
 
They are not shared walls. They are the exterior walls of house in question. That's the reason I'm wondering why it's even a conversation... doesn't involve first floor at all.


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Do the K+T circuits for units 2 and 3 somehow extend through the exterior walls of unit 1, or would otherwise be exposed?

Does the presence of these K+T circuits affect the insurance of unit 1?

-Jon
 
"Common Area" in MA

"Common Area" in MA

No. they're in exterior walls in staircase at entry of that is entrance to upper units, not unit 1.


I don see how it would effect it if in another units... I don't own a home though so I'm unclear on that point....

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