We have a 3 unit condominimum trust. Its states in Chapter 183A, section of Massachusetts General Law that in order for the assessment to be covered by all unit owners you must have greater than 75% approval.
In our case if we have one dissenter we will never achieve 75% or greater approval which means the 66% voting in favor will have to cover the assessment themselves.
We have one unit owner who does not occupy (rents out) there unit and as such never agrees on any of the common area improvements that we want to make yet they would receive 100% of beneficial interest from that improvement. Its a landscaping project.
Was this situation of having less than 4 units ever considered?
How do we approach this given the statements within 183A.18?
I have a feeling that this dissenter will make this an ongoing action.
Thanks
John
Read Similar Questions
- Interpretation of MGL Chapter 183A, Section 7
- Condo Improvements Require Vote, but What If Paid For By Only Those Who Want It?
- Roof condo project requests me to pay for $3000 of electrical improvements to my unit
- Condominium Officer Elections--Voting Rules
- bribery within a condo association
- condo fee regulations?
- Condo Chimney Leak Repair
- MA Condo Association Trustees
- Moderate Income Housing/Association Fee
- Condominium Documents in Massachusetts
Recent Posts about Massachusetts Laws
| Forum | Last post |
|---|---|
|
I have a lease until June 2012, but I am very unhappy with my living situation, I pay half of the rent. I am a....
I cannot answer this question based upon your statement. Who are they....
|
2/8/2012 11:00 by Alexm2012 |
|
Is it legal for Massachusetts employer to send a SALARIED employee home for the day, without pay, for a dress ....
Federal and Massachusetts courts have upheld employee dress codes as l....
|
2/8/2012 09:09 by Munsterwoman |
|
Hi, I'm the grandmother of 4 beautiful grandchildren. The oldest has hit a rough spot with defiance (puberty ....
I'm very sorry about your situation and the ordeal your family is goin....
|
2/7/2012 23:02 by gramy |
|
Hello. I'm in the middle of an appeal for SSDI and my attorney asked me to get a residual functional capacity....
First, I guess it's not a good sign that you do not trust your current....
|
2/7/2012 08:18 by Adam13 |
|
Hi everybody.
I am trying to make an offer on a house, which is an estate sale. As I understand, the execut....
|
2/6/2012 13:50 by ilya980 |
|
I've been helping a friend pay for a lawyer to go to probate court.
Her ex-Boyfriend, whom she is taking to c....
|
2/6/2012 12:21 by rbiddle |
|
If I witness a person getting beat up at a party and just run away without calling the cops or helping the guy....
I don't think so. In terms of civil liability (as opposed to cri....
|
2/3/2012 07:17 by Coller |
|
My father passed away in September. The probate is over and settled, no contests to the will. My mother is the....
Your dad died in September and the probate is already settled – ....
|
2/2/2012 18:50 by JGraul |
|
Hi. My cousin is charged with possession with intent to distribute drugs in a Massachusetts court. He is not a....
Unfortunately for your cousin, if an immigrant is convicted of certain....
|
2/2/2012 08:07 by Sister6 |
|
Just curious if you have any thoughts or have read any information regarding the success rate of divorce media....
Yes, I've also seen the 90% estimate on various websites, with some me....
|
1/24/2012 11:47 by RRM |
|
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
|
10/2/2011 18:37 by Anonymous |
Editor's Response
Yes, I see you point of view. It would be nice to have a more cooperative group of owners. However, as you know, Section 18 is designed to protect minority owners from being forced to pay for improvements they do not want. Of course, your dissenting owner still has to pay for repairs and maintenance. Good luck.