changing % interest in common areas

[condo1]

What is the name of your state?What is the name of your state?What is the name of your state? Massachusetts

I live in a new condo building with 12 units. Currently the % interest
listed in the condo documents roughly corresponds to square feet of the units. Some unit owners are trying to change the % interest since they
argue this % should be based on the relative value of the units.
The would like to do this in order to pay less condo fees.

From what I understand, they would need all the unit owners to agree
to this change for it to take place. Is this true ?

Furthermore, the MA code (GLC 183A) reads that percent interest should be
"approximately" based on "fair value". This seems to leave alot of room
for personal interpretation of the code should one restructure % interest.

Bottom line- can my one vote prevent this change to the % interest ?

 

[seniorjudge]

From what I understand, they would need all the unit owners to agree
to this change for it to take place. Is this true ?

What do your declarations say about this?

 

[condo1]

the condo docs state that we need all owners to agree in order
to change % interest.

the quandry is whether the original allocation of % interest stated
in the docs is somehow illegal since it seems to be based
more on square footage than value.

 

[seniorjudge]

the condo docs state that we need all owners to agree in order
to change % interest.

You lost me. So why did you ask this then?

Bottom line- can my one vote prevent this change to the % interest ?

 

[condo1]

Let me clarify -- my question stemmed from the fact that while it seems we need all the unit owners to agree to change the % interest, if this
original % allocation is somehow not following the law (perhaps since % seems to be proportional to sq ft and not value) then could I still be forced to change this even without 100% concensus of unit owners ?

To me, it seems like the MA law concerning how % interest should be determined is not a hard and fast formula. However, I am not familar with
case law on this....

 

[HomeGuru]

Let me clarify -- my question stemmed from the fact that while it seems we need all the unit owners to agree to change the % interest, if this
original % allocation is somehow not following the law (perhaps since % seems to be proportional to sq ft and not value) then could I still be forced to change this even without 100% concensus of unit owners ?

To me, it seems like the MA law concerning how % interest should be determined is not a hard and fast formula. However, I am not familar with
case law on this....

**A: you do not have a case.

 

[condo1]

HomeGuru- can you clarify. Do you mean the owners wanting to change the % interest do not have a case ?

thanks.

 

[HomeGuru]

HomeGuru- can you clarify. Do you mean the owners wanting to change the % interest do not have a case ?

thanks.

**A: yes.............