Legal Question in Real Estate Law in Massachusetts
Condo trustees interfering with condo sale
I own a condo in Brookline, in a small association of 6 units. One person owns 3 of the units (just over 50% of the beneficial interest), and holds all the financial documents. He has refused for 5 years to hold any association meetings, and refuses to let us look at the books.
I am selling my unit, and have accepted an offer. Within days, the majority owner gave me a note stating that there is a $7,000 assessment for a roof repair. There was no meeting, no vote, no prior notice. I have disclosed this to the buyer, and have offered to pay the assessment, but the buyer wants to know when the assessment was made, when it's due, when repairs will start, and what other cost estimates were obtained. The majority owner is refusing to provide that information, and my buyer is threatening to back out of the deal.
What recourse do I have against the majority owner?
2 Answers from Attorneys
Re: Condo trustees interfering with condo sale
The buer is entitled to know if the assessment was properly made according to the bylaws and the rules of the condominium association. You are entitled to have the same information. The other issue is if the association has a reserve from which this assessment should come. All such decisions from the association should be made during a meeting, and after a vote. Notice should be given to the association members. There should be back up data about the problem, and reasonably justifying the cost. Other condominium owners should be advised about the decision process and the assessment. I think there is some work you should do, and some records you should be able to get from the association.
Re: Condo trustees interfering with condo sale
Retain an attorney to assist you with the sale and to enforce your rights under the condo agreement and bylaws to disclosure of the information you and the buyer are seeking and to put the condo trustee on notice that he is subject to suit for intentional interference with contractual relations if he causes you to lose your buyer. Good Luck!
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