Legal Question in Real Estate Law in Massachusetts

If the unit qualifies as part of a condominium established under our condominium statute, then you have the right to bring suit as a trustee for the condo fees owed (the master insurance policy payment should be part of the condo fee; to the extent it isn't, the condo fee needs to be re-adjusted to take that into account. I am of the opinion that if you and the other unit owner have agreed to divide that payment, that's a separate issue that you would need to take up in small claims court or possibly through arbitration, depending on the language in the condo documents). At the time the case is filed, a copy of the complaint should be recorded at the registry of deeds for the county in which the unit is located. By doing this you preserve the right to attorney's fees (the law allows for the recovery from the unit owner of attorney's fees as well as the delinquent condo fees), and even more importantly, you ensure that up to six months delinquent fees and attorney's fees come before the first mortgage in the event there is a foreclosure of the unit (which can often happen under the circumstances you are describing).

As far as arbitration is concerned, as noted above, the language of the arbitration clause determines what precisely must be arbitrated. It is rare that condo docs would require the trustees to arbitrate a simple claim for non-payment of condo fees. However, if it does, and if the other unit owner refuses to arbitrate, then you can obtain an order from the court compelling him to arbitrate. The attorney's fees incurred in doing this should likewise be recoverable.

Feel free to contact me if you wish to discuss this matter in greater detail.