Legal Question in Real Estate Law in Massachusetts

Condo Fees

I am in arrears to my condo association for monthly fees beginning 10.1.07 through 12.1.07. They sent me a notice from an attorney on 12.14.07, summarizing the fees, late charges, +$1000 in attorney's fees. Can they rush to an attorney without any due notice to me first? I just sent them a check for Jan and Feb 08. What should I do about 07' amount? Thanks


Asked on 2/10/08, 6:49 pm

2 Answers from Attorneys
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Condo Fees

The applicable rights and responsibilities are probably spelled out in the condo by-laws or charter documents, if they exist. Check there and try to adhere to the applicable provisions, and keep them in mind going forward. If you need help, call me.

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Answered on 2/10/08, 7:06 pm

Re: Condo Fees

By Massachusetts Law, a condo association MUST take action when a unit is more than 2 months in arrears. If the balance is not brought current or arrangements made for payments, the next step MUST be to place a lien on the property (recorded) that will take precedence over your mortgage, and send notice to the mortgage company or bank that owns the loan. If the bank does not pay the fees, then association could opt to begin a court ordered sale of the unit.

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Answered on 2/10/08, 9:21 pm


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