Submitted by votewithyourfeet on Sat, 06/19/2010 - 08:29
Posted in
Does the state statute determine how condo fees are set for each unit, or is this done by the Master Deed? I had always thought condo dues were set by the square feet of the unit but in this complex some smaller units have higher condo dues than unit with much more square footage.
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Calculation of percentage interest and condominium fees
See Massachusetts General laws Chapter 183A, Section 5. (a:) "Each unit owner shall be entitled to an undivided interest in the common areas and facilities in the percentage set forth in the master deed. Such percentage shall be in the approximate relation that the fair value of the unit on the date of the master deed bears to the then aggregate fair value of all the units."
Based on that language, a smaller unit (perhaps an end unit or one with a view) could be worth more than a larger unit and, thus, have a higher percentage interest and higher fees.
183A condominium law
Massachusetts general laws chapter 183A states that condominium fees are based on percentage interest. Percentage interest is based on relative value at time of recording of master deed. Once set, a 100% vote of unit owners is needed to amend. Other states permit square footage or equal condominium fees but not Massachusetts. But see Scully decision of SJC where unit owners and developer were permitted to change percentages not using relative fair value. Stephen Marcus