Legal Question in Real Estate Law in Massachusetts
Condo Association Problems
How important are meetings to a condo association? We do not have meetings for our small association (3 units). We only communicate via e-mail, if at all. In addition, one of the trustees has hired contractors without approval. They have also submitted expense receipts without approval and thus do not pay their entire condo fees consistently. What can we do, even though we do not have much say because we have the smallest unit?
Our condo fees and decision making power is based upon the fair market value of our homes. The values have all changed. Do we need to change our documents too?
Also, if it is necessary for us to meet, the meeting will be hostile. We have requested an arbitrator, but we were denied by one of the trustees. If we are supposed to meet, but cannot because it is hostile, do we need association approval for an arbitrator?
Thank you so much. We live in MA and the laws are complicated.
1 Answer from Attorneys
Re: Condo Association Problems
you are experiencing a common problem with small condo associations. I think meetings at least once a year would be a good idea.
As to the payment of condo fees and expenses, the Condo fees should be paid and then expenses reimbursed. I know this seems like a lot of bookkeeping but it is the correct way to do it. Also, approval should be made by at least one Trustee who is not asking for the particular reimbursement.
If you want to arbitrate a dispute and it was frustrated by one Trustee, then I think you may need to have your agreement amended. I also would not suggest arbitration but rather mediation. You could select the mediation department in the local district court.
Your best bet is to contact an attorney for a review of the document and the issues and see if there is a way to make things work smoother.
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