Changing beneficial interest

[Quincy Michelle]

What is the name of your state?What is the name of your state? Massachusetts
For almost 20 yrs. a condo association, run by owners (12 units), has been dividing condo fees and assessments by 12, instead of by the appropriate beneficial interest as stated in the condo docs. This was supposedly done many years ago to allow everyone to have one vote, instead of the vote based on beneficial interest (per docs). The docs were never amended. Now that large assessments are proposed, some owners want abide by the condo docs, and use the beneficial interest as indicated in the docs. This will lower the fees for half of the owners. If the vote decides to stay with the one-twelfth beneficial interest, will a court allow the documents to be amended ? Or will they say "You have a document, follow it!"

 

[HomeGuru]

What is the name of your state?What is the name of your state? Massachusetts
For almost 20 yrs. a condo association, run by owners (12 units), has been dividing condo fees and assessments by 12, instead of by the appropriate beneficial interest as stated in the condo docs. This was supposedly done many years ago to allow everyone to have one vote, instead of the vote based on beneficial interest (per docs). The docs were never amended. Now that large assessments are proposed, some owners want abide by the condo docs, and use the beneficial interest as indicated in the docs. This will lower the fees for half of the owners. If the vote decides to stay with the one-twelfth beneficial interest, will a court allow the documents to be amended ? Or will they say "You have a document, follow it!"

**A: contact a HOA attorney. We cannot predict what a court will say but generally speaking the court follows the CC&R's.