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Registration of Board of Trustees

Hello:

One of the senior members of our Condominium Board of Trustees is telling we newer members that she needs to register the new Board Members annually in the County Courthouse for which they charge a 150 dollar fee. She further states she has not done this " for years " and that she is the only " registered Trustee" and that while we were elected as trustees it is basically an honorary title with no true authority as a trustee. She states she hasn't registered elected trustees to save money and " to protect us " in case anyone were to take legal action against the board.
This does not smell right to me.

I have spoken to friends who are Presidents and Condo Board members and they have no knowledge of having to register the names of Trustees annually in the County Courthouse.

Is anyone able to tell me if Massachusetts has any laws requiring a Condominium Trusteeship to register in the courts or anywhere else ( ie: city hall etc )

Thank you.

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Submitted Fri, 01/12/2018 - 08:21

Thank you for your question.

Your board member is correct. Although the rules will vary from condo to condo, it is good practice for the trustees of a condominium to record their appointments with the appropriate registry of deeds. You should look to your condominium declaration of trust, which is a public document, to see what specific steps should be followed. An appointment should be approximately $75.00 to record, and generally there would be a fee on top of that for an attorney to properly draft the documents.



Submitted Fri, 01/12/2018 - 10:18

Dear Unit Owner,

Whenever a new condominium board of trustees is elected, or if one trustee resigns, and a new one is appointed or elected, the best course of action would be to prepare and record a document at the registry of deeds that reflects what has happened.

The fee to record such a document is $75.00, and would be payable to Commonwealth of Massachusetts.

If you and others have been duly elected as trustees, then what this person is telling you concerning being an honorary trustee is wrong.

The rights of the trustees of a condominium are broad and are defined by G. L. c. 183A, as well as the declaration of trust for the condominium.

If you have been elected as a trustee, then you would have the right to act as would any trustee.

Under the circumstances, it would probably benefit you to have such a certificate recorded at the registry to reflect that you have become a trustee.

You are welcome to read some of my articles dealing with condominium issues:

Trustees' Responsibilities and Unit Owners' Right of Access to Condominium Books and Records in Massachusetts

https://nislick.com/2016/04/07/trustees-responsibilities-and-unit-owners...

Condominium Trustees and Property Managers and Their Maintenance and Repair Obligations Under Massachusetts Law and the State Sanitary Code

https://nislick.com/2015/07/10/condominium-trustees-and-property-manager...

Audio Recording of Condominium and Tenant Meetings in Massachusetts

https://nislick.com/2017/12/18/audio-recording-of-condominium-and-tenant...

You are welcome to call to discuss further.

Yours truly,

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


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