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A roof leak keeps spreading, but the condo board has not responded. What can you do? In Massachusetts, start by checking your condominium documents, putting your concerns in writing, and keeping a record of your requests. You can also ask to inspect relevant association records.
How quickly you need to act depends on the problem. An unsafe walkway may need prompt attention, while a dispute over charges may call for a closer look at the association’s records. If the board still does not address your concern, a condominium attorney can help you assess your options.
What Problems Should You Bring to the Condo Board?
Owners commonly contact a board about:
- Maintenance and repairs, such as water intrusion, a damaged roof or an unsafe walkway
- Rule enforcement, including complaints that have gone unanswered
- Financial concerns, such as disputed assessments or unexplained charges
- Board decisions, including delayed projects or requests the board has not addressed
Describe the problem as specifically as you can. When did it begin? Which areas are affected? Has it caused damage or created a safety concern? Photos, repair estimates, and copies of earlier messages can help the board understand what needs attention.
If there is an immediate hazard, report it promptly through the condominium’s emergency contact procedure. Follow up in writing so there is a record of what you reported and when.
What Do Your Condominium Documents Say?
Read the master deed, declaration of trust or other governing instrument, bylaws and applicable rules. These documents can help you determine whether the issue involves your unit, a common area or an area reserved for your use. They may also explain how owners submit requests, bring matters before the board or call a meeting.
Responsibility is not always obvious. A leak may appear inside your unit but originate in a common element. Before paying for work or demanding a particular repair, check what the documents say about maintenance and insurance. Under Massachusetts General Laws Chapter 183A, Section 10(k), the condominium association must designate a person or entity to oversee maintenance and repair of common areas and provide unit owners with that person’s name and phone number.
How Should You Ask the Board to Act?
Send a clear written request to the board or managing agent using the process in your governing documents. State the facts, attach supporting material, and explain the action you are requesting. Ask for a response within a reasonable period, taking the urgency of the issue into account.
Save your correspondence and notes from calls. If you receive no response, ask whether the board has reviewed the matter or placed it on an agenda. You can also speak with other owners who are affected. The bylaws may explain how owners can raise a concern at a meeting or elect trustees. Check the required procedures before taking either step.
Can Massachusetts Condo Owners Inspect Association Records?
Yes. Massachusetts law gives unit owners the right to reasonably inspect specified condominium records and copy them at their own expense. Depending on your concern, you may want to request:
- The recorded master deed and bylaws
- Meeting minutes, to the extent they are kept
- Financial records, including relevant invoices and bank statements
- Contracts for work and current association insurance policies
Owners may also request available minutes by email. For a repair dispute, ask for the relevant contract and invoices. The records may show what work was approved, what has been paid, and whether the board has already considered the issue.
When Should You Speak With a Condominium Attorney?
Consider speaking with a condominium attorney if repeated written requests go unanswered, the board refuses access to records you are entitled to inspect, or delays are causing damage. Advice may also be useful when you and the board disagree about repair responsibility or how the governing documents apply.
An attorney can review the documents and correspondence, explain the board’s obligations, and help you decide whether a formal demand or legal action is appropriate. The right response depends on the facts; board inaction alone does not establish that the board has violated the law.
Get Help Moving an Unresolved Condo Dispute Forward
You should not have to guess what the board is responsible for or how to get a response. If your Massachusetts condo board has failed to address a serious concern, contact LaFountain & Wollman, P.C. We can review your documents, assess what has happened, and help you determine your next step.