Dysfunctional, self-managed condo association needs professional help

Legal question for MA Condo Associations: I have posted a question in the past regarding my Condo Association. In summary, we are a self-managed 4-unit non-functioning association. Since my initial inquiry, the problems have escalating to the point where we may lose our insurance due to their inaction. We each have equal vote/equal responsibility. Does anyone have direct knowledge of MA Condo Laws in which an owner can petition a judge to mandate the hiring of a property manager due to the inability to cooperate and probable losses that may occur as a result?  Massachusetts

Is the street on our condo association development public?

In our development are three units that do not belong to the association, does this legally qualify our streets as public streets?  Massachusetts

Can MA condo association have board without chairperson?

I belong to a condo association in Methuen, Massachusetts. We have a board with no chairperson. Is this considered unconstitutional per MA state law?

Bank fights condo late fees on foreclosed unit

A bank has foreclosed on a mortgage for a condo unit which is 11 months delinquent in paying condo fees. How are late fees to be assessed? The bank is stating that a $25 per month late fee is unlawful. i.e. 11 x $25 for the oldest delinquent fee, 10 x $25 for the next.  Massachusetts. 

Can't pay assessments on time. Will state law protect me?

Our Condo Association has a Special Assessment to be paid over a 5 month period. I have asked for a hardship exception that would allow me to pay the assessment over 12 months. (I have been ill and my monthly cash flow has been severely reduced) The Board denied my request. Does the MA Condo Law afford me any recourse? I will most likely not be able to pay the monthly amount and I will slow pay over the 12 months anyway. This will result in a $25.00 monthly late fee. In addition, it is likely they will engage a lawyer at some point once the assessed fees go beyond 90 days. And per the by-laws, I will be responsible for the attorney fees. Thank you for your help from Massachusetts.


Do association loan repayments diminish property values?

I live in a small condo complex in SE Massachusetts. After 34 years our roads and driveways need replacement. We are able to get a loan from a bank to cover these expenses, but some owners believe getting a loan and paying it off over time through our condo fee will diminish the value of the property. If we do this are there any negatives connected to doing something this?

How Can Condo Owner Swap Storage Space with Neighbor from Hell?

Have just learned that the allocated storage space in our condo's basement is currently being occupied incorrectly. Documents filed by the builder and provided by the Registry of Deeds indicate our space is occupied by another owner and vice-versa.


Does owner need proof of deed to be on condo board?

Our condo docs state that to be elected to the board you have to be an owner. This then would require them to be on the deed to be designated an owner. Our building is in MA. Is this correct?


How to build a condo association by Massachusetts law

I am looking for links to the Massachusetts requirements related to specific areas. What are the developers requirements and responsibilities during the build-out phase? Must a budget exist and be followed? Are all decisions by the trustees required to be in the interest of the association? The developer pays monthly condo fees on units not yet sold, when does that start and can they be waived?


Massachusetts condo board votes on role of absent trustee

This past week, on Thursday, the chairperson of our condo association board called a meeting to be held the following night at 7 PM. An agenda was distributed for that meeting, and three of the seven board members indicated that they could not attend. The meeting was held anyway. At the meeting, the four members who were able to attend held a vote (that was not on the agenda provided) to change the role of one of the board members who was not in attendance, and informed the entire board of the change by email immediately following the meeting. Our condo Declaration of Trust specifically requires that ". . . meetings may be called by the Chairman and in such other manner as the Trustees establish; provided, however, that written notice of each meeting stating the place, day and hour thereof shall be given at least four days before such meeting to each member of the Board of Trustees. One-half of the number of Trustees shall constitute a quorum at all meetings, and such meetings shall be conducted in accordance with such rules as the Board of Trustees may adopt." Clearly 4 days notice was not given. The board has never established a process that overrides this section of the Trust. When told that the meeting and vote were not valid, the chairperson decided that the vote would stand and that the board would move forward as if the vote is valid. Is the meeting and vote valid? This condo is in Braintree, MA if that helps



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