I have a walkway that needs repair, and the trustees of my condominium association are taking way to long to deal with the issue. My elderly mother fell on the walkway this past Saturday. I broke her fall. I contacted the trustees and told them the circumstances and they said “when we get to it, we will let you know.” Does Massachusetts law allow me to place my condo fee in escrow until the repairs are done?
-- (Posted on the Forum Chat Room by JDW)

(The following response was posted by Attorney Lisa Sigman of Wakefield, MA). Absolutely DO NOT withhold condo fees - ever - not even in escrow! Condo fees in Massachusetts take priority above all else. Massachusetts law allows the association to put a lien on your condo, take you to court and even force the sale of the unit if you do not pay.

Carefully review your condo documents and see what rights you have. You should also look at how the trustees are selected and consider joining, if possible (to effect the changes you would like to see). The association may want to consider hiring an attorney to help them get back on track and in line with the fiduciary requirements of the condominium documents.

Editor’s note: Attorney Sigman also told me that well written Declarations of Trust and Bylaws will include either a mediation or arbitration clause for settling disputes between the trustees and unit owners. If this type of clause is included, this option almost always must be exercised before filing any kind of a suit. Otherwise, a unit owner, or the unit owners collectively, could decide to sue the trustee(s) as a beneficiary of the trust, for breach of the fiduciary duty owed by the trustee(s) to the trust and beneficiaries (unit owners). Finally, the condo docs may contain provisions for the removal of trustees.