Legal Question in Real Estate Law in Massachusetts

starting condo association

I bought a condo last May in a converted 3-family. The other two units closed a week before we did. Myself and the other two unit owners are trustees.

The first week we were there, we heard squirrels in the attic (common area). We had an exterminator give an estimate, and then got verbal OKs from the other trustee/owners to go ahead and hire the exterminator. I did and paid for it out of my personal funds since the association had not yet been set up, and therefore there were no fees.

4 months later, they still have not reimbursed us for their share of the expense. Also, we have attempted several times to call a meeting to set up the association (determine condo fees, start building a reserve, decide who or how routine maintenance will be done, etc), but they have refused to get together. Last week, we sent a letter with a list of proposed decisions, and said that if they agreed with the proposals, to sign them and return a copy to us (we even provided 2 copies so they could keep one). They have still not responded to us.

What recourse do we have to 1) get reimbursed for their share of the exterminator expense, and 2) get them to agree to start building a reserve and to start paying condo fees?

Thank you


Asked on 9/06/04, 7:04 pm

2 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: starting condo association

Retain an attorney to review the condo agreement and suggest the manner in which it may be enforced.

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Answered on 9/08/04, 1:40 pm

Re: starting condo association

Your rights are determined in part by the Condo Association Agreement. If the other two trustees do not want to pay condo fees that is their perrogative. However, how are you handling insurance on the building, water bills and other common area expenses? The Condo Association Trustees owe a fiduciary duty to act responsibly and not having any fees to cover any common area expenses is not really a responsible action.

While you each must maintain insurance on your own unit, that does not cover common areas, such as the roof, walls, porches, etc.

You certainly can go to small claims court for the prorata share of the extermination fee. However, that is not going to solve the other issues. You need to contact an attorney and have him review the condo association agreement.

Please feel free to contact me.

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Answered on 9/07/04, 11:13 am


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