Legal Question in Real Estate Law in Massachusetts

I am a owner of a condo in a building with 37 units. The first floor of our building was damaged due to flooding. Our association informed us that they received a verbal agreement from the master insurance policy that they will cover the damage but there is a 50k deductible that the owners need to cover. Each owner was assessed at $1351.51. Now I have no problem paying more portion of the Loss Assessment.

My question is... "Does the association have the authority to assess each unit without providing us any documentation from the insurance company that they are in fact covering the damage?"

Some of us are not comfortable handing over money based a word of mouth verbal agreement.


Asked on 4/19/10, 4:42 am

1 Answer from Attorneys

You are entitled as unit owner to know the basis of assessment, but most Condo association agreements do not require such a disclosure prior to making such an assessment. I am also curious why the assessments are all equal. Proration is usually based on each unit owners percentage of ownership.

Without actually reading your condo documents, no answer given can be definitive.

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Answered on 4/24/10, 7:37 am


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