Legal Question in Real Estate Law in Massachusetts

condo docs

Hi.. I am about to purchase a condo, and got the condo docs then I am told this condo association is not a trust , but incorporated. What is the differences between those two? and what is the pro/con for each?


Asked on 1/03/08, 4:03 pm

1 Answer from Attorneys

Re: condo docs

For your purposes it make little or no difference. The condo associaiton as a trust has the obligations to maintain the property and collect condo fees in accordance with its charter. The Corporation should be a non-profit corporation and it will have a charter as well and its purpose will be essentially the same.

More important than the form of the Associatioin is the rules and regs and its charter as to who serves in what capacity. If you are buyng a condominium you should have an attorney review all the documentation as your attorney and not simply as the lender's attorney. An attorney can represent both you and a lender with your consent and that of the Lender.

But generally you should have an attoreny review the condo documents as well as the P&S for your protection.

Plese feel free to contact me if you have more questions.

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Answered on 1/03/08, 4:47 pm


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