Submitted by Rasa on Sat, 05/14/2011 - 15:04
Posted in
We have a 7 unit condo in a converted Victorian mansion. My unit is the largest, and so I pay 17% of the association's condo fees. This is a lot more than any other owner, and I think this is unfair because I do not receive a greater benefit. Fees pay for all the typical things: snow plowing, lawn maintenance, roof repair, painting, etc. I have read that it is typical for fees to be based on the size of a unit, but I can't find any information on other methods of determining fee amounts. Since we all receive the same benefits, shouldn't we all pay the same amount?
Establishing condominium fees in MA
Generally speaking, condominium fees are established based on "percentage interest," which, in turn, is based on the relative value of the unit at the time of the recording of the master deed. I won't comment on the 'fairness' of this approach, but it is based on the law in MA. Also, at the time you purchased your unit, you were able to determine what your percentage interest would be, going forward, based on a review of the condominium documents. At that time, you could have chosen not to purchase the unit if you felt the percentage interest attached to the unit was excessive. Sorry.
Establishing condominium fees in MA
"Based on the law" - I'm guessing that means that there's no state law or regulation restricting our plan to change our condo fees?
Amending percentage interest in condominium
See MA general Laws Chapter 183A, Section 5:
(b)(1) The percentage of the undivided interest of each unit owner in the common areas and facilities as expressed in the master deed shall not be altered without the consent of all unit owners whose percentage of the undivided interest is materially affected . . .