Withholding Condo Fees

[AllieTouch]

This question pertains to MA Condo Laws
What is the name of your state (only U.S. law)? MA

Our condo Board is in violation of our Master Deed, By-Laws, as well as, MGL183A. Some examples of this are: they do not provide required financial statements, we have not had a review or audit of the books in 5 years, they do not report properly on our reserve account, they do not have a budget, they do not provide us with documentation for how our fees are calculated, nor do they segregate the portion of the fee that is for replacement reserves, etc. etc.

When we called their attention to this they called a meeting with the condo association attorney present who confirmed that what we were telling them (the board) was in fact the law. The meeting was in November and they are still not complying with the law.

Do I have the right to withhold payment of my condo fees until they come into compliance?

[Stevef]

Originally Posted by AllieTouch

Do I have the right to withhold payment of my condo fees until they come into compliance?

Not unless it is written into your agreement. In general, you do not get to choose the punishment for their acts. You must follow the law. You may need to file a suit for an injunction to force them to comply, but choosing your own punishment won't work.

In fact, I bet there's a clause that they can take your condo if you don't pay the fees.

[BlondiePB]

Originally Posted by AllieTouch

This question pertains to MA Condo Laws
What is the name of your state (only U.S. law)? MA

Our condo Board is in violation of our Master Deed, By-Laws, as well as, MGL183A. Some examples of this are: they do not provide required financial statements, we have not had a review or audit of the books in 5 years, they do not report properly on our reserve account, they do not have a budget, they do not provide us with documentation for how our fees are calculated, nor do they segregate the portion of the fee that is for replacement reserves, etc. etc.

When we called their attention to this they called a meeting with the condo association attorney present who confirmed that what we were telling them (the board) was in fact the law. The meeting was in November and they are still not complying with the law.

File a complaint with your state's regulatory department for condos.

Do I have the right to withhold payment of my condo fees until they come into compliance?

No.

[HomeGuru]

I agree with the advice given by the two.

[Zigner]

Originally Posted by HomeGuru

I agree with the advice given by the two.

I concur