Legal Question in Real Estate Law in Massachusetts
Condo Fees
n February I closed on a condo in Northampton. On April 11th a letter was sent to my attorney by the seller's attorney. It read:
''At the time of closing, your deed reflected a percentage interest in the common area of .99%, and the Unit Plan recorded with the deed reflects a square footage of 659 ft. In fact, your client's square footage is 985 square feet. Unfortunately, our office was not aware that we had inaccurate plans, and no one else noticed the inconsistency.''
Accordingly, my percentage interest has been increaded to 1.58%, and my condo fees have increased from $170 to $270/month. Perhaps you could advise me on this issue? Do I have any legal basis to contest this? It seems unethical to change the condo fee after the sale. I purchased it under the impression that the fee would be $170.
1 Answer from Attorneys
Re: Condo Fees
I believe that the only recourse you have is a an evaluation of your square footage. The condominium fee is based on factors that are part of the rules and regulations of the association, are probably reflected in the underlying master deed. If it is true that your unit is larger than you were told, something that could have been visually seen, then you are responsible for the proper share of the fees.
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