QUESTION

What can be done if Board of Trustees of condo association sent remittance slip for payment which was not approved during annual meeting?

Asked on Aug 17th, 2013 on Landlord and Tenant Law - Massachusetts
More details to this question:
There are 5 buildings in the association but no trustee is from my building. I tried without success to be elected. So did others (even from other buildings). Trustees care about buildings they (over) represent. One of them even said - to have someone else after many years continuously in the board - one would have to "move from the complex or die". Most of them are automatically prolonged for more than three 2-year terms continuously already and then they switch back between same small groups of people for decades. If there is no 'quorum' in annual meeting - they all stay in the board. They secured such ruling internally. Usually there are not enough people to vote. Many owners are far away, some use proxy. In MA this number of units (ca.70) has to have license management (external co.). Last year due to increase of 10% in condo fee, I ask the property management why would they send letter explaining expected high snow levels as excuse for the increase. Later indeed there was record low snow level in years. 'President' answered - to actually build a reserve for unexpected repairs. It was for the swimming pool repaired for the second time in 2 years (!). That increase was ad-hoc without voting as decided by the 'board of trustees'. Our latest HOA meeting took place in may 2013. Budget for next 12 months was voted and accepted. They said we got an excess (positive balance) to our 2012 budget and maybe there will be a roof replacement done (no voting on that). Our apartment complex management co. (T&A) sent today messages to all unaware condo owners that payment of $1840 (lump sum) is due by November 1st with option for 12 equal payments and that is in proportion to your 'interest' (sq. footage). I can understand that pool (2012) is the common area and should be financed by everyone - that would substantiate permanent increase. The wording in today's letter however is :
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1 ANSWER

He rules for the governance of a condominium are contained in both Massachusetts Chapter 183A and the provisions of the master deed and condominium trust. There is nothing inherently wrong with the election of particular trustees, even if some do not like it. Obviously one solution would be to amend the trust provisions to require at least one trustee from each building. If there has been a misuse or over billing of assessments, this can be remedied by a condo vote. Short of that, and if nothing else applies, you may have to resort to litigating with the condominium association never a good alternative.
Answered on Aug 21st, 2013 at 12:29 PM

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