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Can condo association get in trouble if board is not registered with county or state?

Posted on Wed, Jun 30, 2010 @ 06:47 AM

I've recently finished my second year in a very lackluster condo association. There are 5 units in total with one condo now existing as a rental property. Two of the other units are a little more confusing. First off one unit isn't occupied by the actual trustees but their children, who attend and vote at each of the meetings on important details. The mother and father are listed as the title owners filed at the Middlesex County Office of Deeds and there hasn't been any necessary measures taken to approve the voting of their children. The other owner is part of a married couple. Not sure if she's even in the country but she is also listed as the owner filed at the Middlesex County Office of Deeds. The husband attends all the meetings and votes as well but his name is on another property and not the one I live at.

So with all that said we all try to maintain the property with again "lackluster" results. People don't mow the lawn, sweep the common areas, shovel during the winter, rake the leaves, etc. Because of all the problems we have yet to assign a President or Treasurer because people are afraid to bring up the obvious. I was over a friends who owns a condo in the same size condo association and he happens to be the President with his wife listed as the Treasurer as can be seen registered at Middlesex County Office of Deeds. He mentioned without the President assigned we could get sued if someone was to step onto our property and get hurt. Is that true and are there any other legal ramifications we could face by not assigning these duties. Thank you.




You can get sued if someone gets hurt on the property whether the Presdient is assigned or not. Hopefully, the assoication maintains liability and Directors and Officers liability insurance to defend and indemnfiy such claims. 
You really have to look at your condominium documents to see what they say about electing officers. 
If this is Massachusetts, while you might want to assign officers if the doucments provide for that, the officers typically have no more power than the rest of the condominium trustees. 
Stephen Marcus 
Marcus Errico 
Braintree, Massachusetts 02184

posted @ Wednesday, June 30, 2010 7:19 AM by Stephe Marcus

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