jaturtle321 post 28-Jul-20086:28 PM -- condoquestionI am owner of a one side of a two family/duplex condo. The association consists of the owners. There is one bill for water and insurance. My ex husband and the other owner decided to stop paying into an account for the bills and pay them as they come in. For about two years the other owner is refusing to show me the bills and is making me pay more than I owe. I refused this time and although I am paying my half of water bill, if she doesnt pay her half the water for entire dwelling gets shut off. What can I do to make her start an association account for these bills and ensure we both pay into this account for these shared bills?The other owner also threatens a lawyer against me but has never followed through.
any suggestions?
Last Edited on 28-Jul-2008 6:30 PM
31-Jul-2008 6:04 AM -- JohnnyRocketAs an owner you have a right to view the condominium records, including the bills that you have agreed to split.
Specifically, Massachusetts General Laws Chapter 183A, Section 10 (c) provides that: "Such records shall be kept in an up-to-date manner within the commonwealth and shall be available for reasonable inspection by any unit owner or by any mortgagee holding a recorded first mortgage on a unit during regular business hours and at such other times as may be provided in the agreement between the manager or managing agent and the organization of unit owners. Access to said records shall include the right to photocopy said records at the expense of the person or entity making the request."
You are correct that your association (even if only two members) should have a separate account to pay condo bills. You can point out to the other owner that co-mingling of condo funds with his personal accounts could be considered a breach of fiduciary duty. If your attempts to correct these problems fail, it is time to have an attorney review your copy of the condo bylaws and formulate a plan of action to preserve your interests.
Attorney John F. Libertine