Legal Question in Real Estate Law in Massachusetts
My condo associaton which is made up of three units has always voted on issues and had majority rules as the running of the units in regards to any issues we have had..... Last annual meeting Aug 2010, I was unable to attend due to my father being ill. At that meeting, the other two units elected 3 Trustees, 2 from one unit owning 31.5%, 1 from another unit owning 31.5%, and I own 37%.... At that meeting, they decided to register the Trustees at Barnstable County as the trustees of the association, and taking my right to any say in all matters away from me without my knowledge they were doing it... The issue at hand now is that we are being asked to hook up to the municipal sewer in town, and I am against it because our title5, though older, has had NO issues since I bought the property in 2001...there is no signs of failure either, no seeping, no leaking, no back ups, etc... the regulations in Ptown are that all trustees(owners?) need to be in agreement in order to hook up. Since I was not at the meeting in Aug 2010, the other units took the opportunity to take my right away of voting on this issue and is making me spend approx 20K on hooking up to the municipal sewer system... Saying tough, we are the trustees, and you have no say... I am furious with this action, feel its totally underhanded and unfair...I own over 1/3rd of the property and am being forced to pay for something that is not necessary. I want to go after the trustees for their actions, but am afraid that i have no recourse. Someone out there please advise. thank you! Tom Ptown
p.s. there is language in our condo docs that specifically state that 67% of ownership is needed to pass certain expenditures... The 2 other units do not have 67% ownership,only 63%. I believe they need me to pass anything...help!
1 Answer from Attorneys
Retain an attorney to review the condo docs and minutes of relevant meetings to advise you. Good Luck!