Page 7 - New England Condominium February 2019

NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM - FEBRUARY 2019 7 Share and Share Alike Q Can a condominium association charge all unit owners the same fees? MGL Chapter 183A Sec- tions 5(a) and 6(a)(1) seem to require the association to determine the percentage of undivided interest for each unit and to ac- cess fees in accordance with these percent- ages. Our board has stated that they charge everyone the same fees because it is easier. Are they acting within the law? If not, what can be done about this? — Looking for Fairness A “Your board is not acting within the law,” says Dean T. Lennon, a partner at the law fi rm of Marcus, Errico, Emmer & Brooks PC, in Braintree, Massachusetts. “As you note, section 6(a)(i) requires that fees be assessed to the owners based upon their respective percentages of undivided inter- est in the common area and facilities. Th ese percentages will be set forth in the Master Deed, typically in Exhibit A. “Th us, your board is legally required to assess fees pursuant to the stated percent- ages. If the board wishes to change to any sides out of state, and has all maintenance the Commonwealth. (We would also point other method of assessment, your condo- minium docs will have to be amended. Most fore, the only person signing checks for all the off chance there is a specifi c provision docs will require the unanimous consent of purchases, without other board members’ in the Master Deed or the other condomin- all owners whose percentage is changed in knowledge. She insists this is legitimate. Are ium documents requiring offi cers or board order to amend for the purpose of chang- ing percentages of interest. Th us, your here, and the board should step in and take board will have the impossible task of get- ting some owners to agree to increase their own fee while simultaneously, some of their neighbors see their fee reduced. While it is theoretically possible to amend to change percentages of interest, it is impossible on a practical level. “As for what can be done with it, I sug- gest asking the board to attend their next out of state does not necessarily present impropriety. meeting to discuss the issue. Hopefully, by a legal problem for the community,” says pointing out the clear legal constraints that Daniel Lopez, an associate in the law fi rm aware that there are certain safeguards that prohibit what the board is attempting to do, of Perkins & Anctil in Westford, Massachu- they will reconsider. If they don’t reconsid- er, please consult counsel to take action.” Fishy Financial Operations? Q We live in a 64 unit condo in Mas- sachusetts and feel that the board per Section 10 of c. 183A, so the treasurer of trustees is not following their would have to ensure that all documents in fi duciary responsibilities. Th e treasurer re- invoices sent to her monthly. She is, there- we right in feeling that something is wrong members to reside in state.) action to stop this? —Suspicious Owner A “While it may not be best tion 10(c). Aft er any such owner has had an practice, in Massachusetts, opportunity to inspect the relevant docu- the fact that the treasurer ments, he or should would likely have a of the condominium association is living better sense if there has been any fi nancial setts. “Th ere is no provision under M.G.L. these concerns. For example: c. 183A which requires a treasurer (or any board member) to reside in the state. How- ever, the association’s books and records should not be the same person who signs must be maintained in the Commonwealth the checks for payment; his or her possession were also available in out that this could possibly be an issue in “If a unit owner suspects that there may be fi nancial irregularities, he or she can and should ask to inspect the condominium’s fi - nancial records which must be maintained in accordance with in M.G.L. c. 183A, Sec- “Boards and owners should also be a board can adopt to prevent or mitigate “Th e board can adopt rules to provide that the person approving the bills shall/ “Th e board can adopt a rule to provide Legal Q A& continued on page 22 clientsvc@jbutlerpropertymgmt.com | P: 978-694-9004 F: 978-694-9008 | www.jbutlerpropertymgmt.com COMPANY OVERVIEW • Family owned and managed Massachusetts based property management company • Offers superior construction-related expertise and resources • Blends management expertise with open communication between the board, unit owners and managing agent, making for a healthier property • Superior vendor and cost management • Deployment of in-house maintenance and grounds-keeping crews At J. Butler Property Management, LLC, we measure our success in terms of client satisfaction and take a long-term view of every relationship. A Company you can trust... A Company you can depend on... A Company of Professionals!!! An Unparalleled Level of Condominium Service