Hello,
I live in MA in a 2 unit condo association.
The other unit owner has repeatedly violated condo bylaws. I can not enforce the bylaws since the other unit owner will never vote against himself. I can not afford to take him to court, so I just accepted the situation.
He recently asked for a 6D certificate so that he can refinance.
I responded that in good faith I can not provide the certificate because he has violated condo bylaws, not paid the relevant fines and ignored my requests to respect the bylaws.
Technically he is probably right since we never voted to levy fines against him. However some of the violations are building and zoning violations that the city has cited him for. Had we been more than 2 trustees, any other condo association would of levied fines against him.
My question is, do I have a legal basis to withhold the certificate because of these outstanding issues ?
The master deed does say that it is my duty to do everything and anything necessary to ensure proper management of Trust. Would this fall under that category?What is the name of your state (only U.S. law)?
I live in MA in a 2 unit condo association.
The other unit owner has repeatedly violated condo bylaws. I can not enforce the bylaws since the other unit owner will never vote against himself. I can not afford to take him to court, so I just accepted the situation.
He recently asked for a 6D certificate so that he can refinance.
I responded that in good faith I can not provide the certificate because he has violated condo bylaws, not paid the relevant fines and ignored my requests to respect the bylaws.
Technically he is probably right since we never voted to levy fines against him. However some of the violations are building and zoning violations that the city has cited him for. Had we been more than 2 trustees, any other condo association would of levied fines against him.
My question is, do I have a legal basis to withhold the certificate because of these outstanding issues ?
The master deed does say that it is my duty to do everything and anything necessary to ensure proper management of Trust. Would this fall under that category?What is the name of your state (only U.S. law)?