Legal Question in Real Estate Law in Massachusetts

Massachusetts Condos
I have owned a condo in a 3 unit building in Boston for the past 9 years. We have a very laidback condo association and I have assumed the role as Treasurer (although not in writing) for the past 8.5 years with all bills paid to date with no problems. I am selling my condo and close in 2 months and now the other unit owners want me to turn over the check book and records to them prior to my closing. The other owners are not reliable and I fear the last few bills will go unpaid and this may delay my closing. Can I tell the other owners that I am maintaining the books and records until the closing when the new buyer comes in and then I will turn them over?

Asked on 4/11/07, 12:54 am

2 Answers from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

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Re: Massachusetts Condos

Strictly speaking, things which are required to be done in accordance with written rules, including by doing things in writing and or pursuant to a vote, should be done in writing.

Condos have written bylaws for a reason. It is conceivable that a buyer's attorney or a bank's attorney might require, under the circumstances, some confirmation, in writing, of your authority and or the assent of your fellow owners. It would make sense to contact your real estate attorney to arrange for the proper steps to be done so that the closing is not delayed.

Answered on 4/12/07, 3:17 pm

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