Legal Question in Real Estate Law in Massachusetts
Special Assessment
Last month at the annual association meeting a special assessment was discussed to address a deficit in the reserve account. The management company recommended a special assessment to make up the estimated $13,000 that was not deposited into the reserve for various reasons. The overall consensus at the meeting from the owners was not in favor of the assessment in order to increase the already substantial reserve account. It was not voted on at the annual meeting because the budget had not yet been finalized. Last week each owner received a letter stating a special assessment had been approved and would be payable the first of September. Is this something the unit owners should have voted on? Shouldn't the association be representing the overall desire of the unit owners? It seems like an unfavor position especially since it was obvious a majority of the owners were not in favor of the assessment.
2 Answers from Attorneys
Re: Special Assessment
The authority of the Trustees is limited by the Associaton By-laws. If there is a requirement that the Trustees must have an approval of the Unit Owners and no vote was taken, you may have a right to object under the procedures provided in the By-laws or go to Court seeking the revocation of the assessment. If the unit owners approved an assessment subject to approval of the annual budget you are probably out of luck.
However, if the By-laws allow the Trustees to make such assessments without unit owner approval, then there is nothing you can do.
Without actually reading the Minutes and the By-laws, no one can give you any concrete advice.
: Special Assessment
Like any situation, the people elected to manage, are into their own. If there was a proper meeting, with proper votes, the owners lose. The best place to decide what could have happened, and what should have happened are the bylaws, and also the minutes of the meetings.
If you have questions, contact me.
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