Legal Question in Real Estate Law in Massachusetts

Condo Association Fees

I have been without heat on and off for 2 months this winter, as well as last winter. Although the management company tries to fix the problem, they have been unsuccessful most times. Am I at liberty to deduct some money from my association fee to cover the lack of heat I am supposed to have, and the increase in electricity I'll be paying for using an electric heater to keep warm?


Asked on 12/03/03, 2:36 pm

1 Answer from Attorneys

Re: Condo Association Fees

The short answer is probably no. What you can do is go to the Board of Trustees and the management company and ask that while they try to sort out the problem that you be given a monthly credit against your association dues or a monthly payment.

Unfortunately, you do not have the same rights as a Tenant under MA law.

You need to read your master deed and Association Organizational Rules and Terms carefully in advance. If your deduct fees without permission the Board and the management company can file a Super Lien action against you and about the only way to stop it is to pay the fees deducted plus the attorney fees and then sue.

If this is a serious health issue for you as well as a financial issue and you are not getting anywhere with the Board and the management company, you may then want to consult an attorney.

I hope this was helpful.

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Answered on 12/03/03, 3:23 pm


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