Legal Question in Real Estate Law in Massachusetts
Condominium association
The condo association of our building is made by 3 owners. Two of them want to do some renovations and the cost to be paid by special assessment. I do not have the funds to pay a special assessment but they say that I am obliged to do it because they are majority. These renovations are just for cosmetic aspects of the building. Am I obliged to comply with what they want? I always compliant with condo fees and with special assessments when there have been emergencies or serious problems with the building.
Thanks
1 Answer from Attorneys
Re: Condominium association
If the special assessment is legally permitted by the Association rules and organizational documents, then you will be required to pay the special assessment.
However, look at the terms as to what qualifies for a special assessment and what is required for its approval. In some small Condo Association documents, some special assessments require more than mere majority. Also look at how such assessments are prorated. It is usually related to the % of ownership represented by each unit. So if you are the smallest unit, your assessment is not 1/3 but probably something less.
Good Luck.
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