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Condo Board rule violations

Condo docs at our building require that 7 be on Board and if after 60 days of election 7 are not on Board then "Section 3.1.2 allows for any vacancy more than sixty (60) days old to be filled by "appointment by any court of competent jurisdiction upon the application of one or more Unit Owner(s)...." I would like to activate this process but don't know where to turn or how to go about it.

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Submitted Wed, 07/12/2017 - 09:48

This is very odd language for a condo document. The only method I can think of that would give a court "Jurisdiction" to hear this type of complaint would be to file a case for declaratory judgement against the condo association asking that you be appointed as a trustee. There is no "process" and this would have to be filed as a regular court case in superior court.

Atty. David Owens
Grolman LLP

Submitted Tue, 01/09/2018 - 09:09

Dear Unit Owner,

I have seen condominium declarations of trust that have similar language. There may be, and probably is, a way to fill the vacancy without filing a lawsuit. It would be necessary to review the entire trust document to determine what the alternatives might be to fill a vacancy on the board.

For more information, read my article on Condominium Restrictions, By-Laws, and Rules and Regulations in Massachusetts.

Yours truly,

Robert Nislick
Attorney At Law
P.O. Box 5207
Framingham, MA 01701
(508) 405-1238

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