Thursday, September 1, 2011

Does HGTV have a legal-affairs show? | Universal Hub

The Massachusetts Appeals Court ruled today that if the owners of a Charlestown condo want to remove two walls to create a fabulous pass-through view of the harbor and downtown, they're going to have to sign an agreement that the condo board could one day order them to restore the walls.

The condo board at Flagship Wharf actually agreed with a request from Michael Flynn and Carla DiMare to tear down a wall separating the kitchen from the living room and to partially replace another wall with French doors, but said they would have to sign an agreement that the condo trust owns the walls and could one day order their full restoration, because one contained pipes and the other was designated for possible future use for pipes or conduits.

Instead, Flynn and DiMare filed a 14-count suit, alleging, among other things, imposition of emotional distress and civil conspiracy.

But the Massachusetts Appeals Court agreed today with a lower-court judge that there were literally no shades of gray in the matter: It rejected an argument by the unit onwers that the black "shading" used on a master deed to designate the walls as "common" structures, rather than an "interior" ones they owned completely, wasn't really black:

[T]he plaintiffs protest that the heavy black shading on the plans is ambiguous. In support of this argument, they submitted an expert affidavit stating that architects sometimes shade entire walls merely for "graphic clarity," and to avoid the "cluttering" that would be caused by showing individual pipes and similar elements inside the walls. In this manner, the plaintiffs suggest that the black shading at most indicates that the walls might contain common elements (such as the pipes and ducts that the kitchen/living room wall in fact contains). But even if architects commonly shade entire walls to avoid clutter in their drafting, this would not change the fact that the legend on the floor plans expressly identifies those areas marked with black shading as common elements, and only those areas shown in white as making up the residential units.

The court did give the two a small victory: It overturned the $14,000 in legal costs a Superior Court judge had ordered them to pay the condo trust.

Source: http://www.universalhub.com/2011/does-hgtv-have-legal-affairs-show

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