Condominium matters can quickly raise questions about who has authority, who must pay, and what the governing documents actually allow. LaFountain & Wollman, P.C. represents condominium associations, trustees, managers, developers, buyers, sellers, and unit owners throughout Massachusetts. From conversions and transactions to fee collection and disputes, we review the documents and circumstances involved, explain your options, and help protect your property and financial interests.
Why Choose LaFountain & Wollman, P.C.?
Clients turn to our firm for:
- More than 40 years of combined legal experience
- Representation for associations and individual unit owners
- Real estate and litigation counsel within the same firm
- Assistance with residential and commercial condominiums
- Flat-fee representation for condominium conversions
- Practical advice based on the governing documents and your objectives
What Does a Massachusetts Condominium Lawyer Handle?
Condominium matters can involve property rights, association finances, shared facilities, and detailed procedural requirements. We assist clients with:
- Master deeds, declarations of trust, bylaws, and rules
- Condominium conversions
- Board governance and association management
- Condo fees, special assessments, and collection
- Rule enforcement and owner complaints
- Common-area repairs and maintenance
- Condominium purchases and sales
- Negotiation, mediation, arbitration, and litigation
We examine the master deed, bylaws, rules, meeting records, and other relevant documents alongside Massachusetts General Laws Chapter 183A to determine the board’s authority and the rights and responsibilities of each party.
What Responsibilities Do Condominium Boards Have?
A condominium association generally operates through its trustees or governing board. The board’s authority comes from Chapter 183A and the condominium’s governing documents. Its responsibilities may include collecting common expenses, maintaining common areas, securing insurance, managing association funds, coordinating repairs, and enforcing rules.
Associations must also keep certain records, including financial reports, contracts, insurance policies, and current governing documents. Unit owners generally have the right to inspect these records at reasonable times. Chapter 183A further requires condominiums to maintain an adequate replacement reserve fund that is separate from operating funds, although the statute allows associations to modify this requirement under certain conditions.
Boards must ensure that their policies reflect changes in Massachusetts law. For example, Chapter 183A now limits an association’s ability to prohibit or unreasonably restrict an owner from installing electric vehicle charging equipment in a parking area the owner owns or has the exclusive right to use.
We advise boards on documenting decisions, responding to record requests, enforcing rules consistently, and exercising only the authority provided by state law and the condominium documents.
What Rights Do Massachusetts Condominium Owners Have?
A unit owner has the exclusive right to use and occupy the unit, subject to lawful restrictions in the condominium documents. The owner also holds an undivided interest in the common areas and facilities. Additional rights of Massachusetts condominium owners may include inspecting association records, receiving required notices, participating in meetings, voting on certain decisions, and challenging actions that violate the governing documents or state law. Under Section 24, condominium boards may conduct meetings electronically and allow unit owners to participate remotely or vote by mail or electronic means.
What Happens When Condo Fees Are Not Paid?
An association has a lien against a unit when a common expense assessment becomes due. Part of that lien may take priority over a previously recorded first mortgage. This priority generally covers six months of regularly recurring, budgeted common expenses, along with certain collection costs and attorneys’ fees. It does not include special assessments, late charges, fines, penalties, or interest.
Chapter 183A also establishes notice requirements for associations pursuing delinquent amounts. We help boards follow the required collection process and advise owners who dispute the charges or enforcement measures.
How Are Condominium Disputes Resolved?
Disputes frequently involve repairs, water damage, noise, parking, pets, renovations, fines, assessments, or access to records. The governing documents often determine who is responsible and what procedure must be followed.
Some disagreements can be resolved through correspondence, negotiation, or mediation. Others require arbitration or real estate litigation. We represent associations and owners in pursuing resolutions that protect their property and financial interests.
Can We Help With Condominium Conversions, Purchases, and Sales?
Yes. We prepare master deeds, unit plans, declarations of trust, bylaws, and supporting documents for condominium conversions. We can handle the legal work from the condominium’s creation through the sale of its units.
We also represent condominium buyers and sellers. Our residential real estate attorneys review governing documents, budgets, reserves, pending assessments, insurance, and known disputes. For a sale or refinance, we can also address the Section 6(d) certificate concerning unpaid amounts assessed against the unit.
Speak With a Massachusetts Condominium Lawyer
Condominium decisions can affect property values, association finances, and owner rights. LaFountain & Wollman, P.C. will review the governing documents and applicable law, explain your options, and help you take the next step. Contact our Watertown office to schedule a consultation.
Frequently Asked Questions
Does Massachusetts require a condominium reserve study?
No. Chapter 183A generally requires an adequate replacement reserve fund, but it does not expressly require a professional reserve study. Many boards still use one to estimate future repair and replacement costs.
Are condominium bylaws and rules the same?
No. Bylaws establish how the condominium is governed. Rules typically address daily matters such as parking, pets, noise, and common-area use. Rules must remain consistent with the master deed, bylaws, and Massachusetts law.
Can I rent out my condominium unit?
That depends on the master deed, bylaws, and any valid rental restrictions. Owners should review these documents before advertising the unit or signing a lease.