Legal Question in Real Estate Law in Massachusetts
Residents Not Paying Condo Fees and Taxes
I live in a house that was converted into 6 condos and have been put in charge of the association bank account. One resident is continuously late in paying his condo fees and refuses to pay taxes until repairs are made by the previous owner of the home. He says as long as there is enough money in the account to pay bills, what is the problem. He also told me to be patient and wait for the taxes since he has other expenses that must come first. (The previous owner paid the taxes for the entire building but this one resident has not paid back his share.) What options do I have to make him pay?
2 Answers from Attorneys
Re: Residents Not Paying Condo Fees and Taxes
The solution may be to vote on imposing a late fee. If the unitowner is more than a few months later, you can refer his account to an attorney who could send a collection letter pursuant to MGL 183A, attorneys fees would be paid by the condo owner. If this is something that you are interested please contact our office.
Re: Residents Not Paying Condo Fees and Taxes
The Condo Board or the Association can impose a late fee if one is not provided for in the condo association documents now. Moreover, you can contact an attorney and begin the collection process. UNder MCL c 183A, the condo association can obtain a superlien against his unit and if he does not pay the lien, you can foreclose on the unit.
If you want more detailed advice, please feel free to contact me.
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