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Changing Condo Fees

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Deilbeck

Junior Member
undefinedWhat is the name of your state?
MASSACHUSETTS

I read over and over again Cond1's issue with changing the % on Condo fees. Living in a small unit of three; manager by default (the other two owners will not/do not want to manage) and going over all the paperwork turned over to us, I seem to have the same quandry as Condo 1. The Master Deed filed does not reflect the correct % of sq.ft. per unit. From what I am seeing, the Condo Fee %s were pulled out of thin air.
Currently, Unit A = 36%, Unit B = 38% and Unit C = 26%. Should the fees be based on the amount of living space per unit i.e. sq.ft? Can the Master Deed be ammended to reflect the correct % of sq.ft? Is the Declaration of Fees more binding than the Master Deed? Since there are only three votes (may work for CHARMED) we seem to have a delimma if all have to agree and then two unit owners have to take it in the shorts paying for the living area of one person. If fees should be based on sqft, then Unit A = 35.3%, Unit B = 43.7% and Unit C = 21%. If we, as a small association, use voting and majority rule, will the desenting voter have a case against the association?
 


HomeGuru

Senior Member
Deilbeck said:
undefinedWhat is the name of your state?
MASSACHUSETTS

I read over and over again Cond1's issue with changing the % on Condo fees. Living in a small unit of three; manager by default (the other two owners will not/do not want to manage) and going over all the paperwork turned over to us, I seem to have the same quandry as Condo 1. The Master Deed filed does not reflect the correct % of sq.ft. per unit. From what I am seeing, the Condo Fee %s were pulled out of thin air.
Currently, Unit A = 36%, Unit B = 38% and Unit C = 26%. Should the fees be based on the amount of living space per unit i.e. sq.ft? Can the Master Deed be ammended to reflect the correct % of sq.ft? Is the Declaration of Fees more binding than the Master Deed? Since there are only three votes (may work for CHARMED) we seem to have a delimma if all have to agree and then two unit owners have to take it in the shorts paying for the living area of one person. If fees should be based on sqft, then Unit A = 35.3%, Unit B = 43.7% and Unit C = 21%. If we, as a small association, use voting and majority rule, will the desenting voter have a case against the association?


**A: without a fulll review of the condo docs and later HOA and Board minutes, we can't tell.
 

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