Transparency from condo board in MA

Here is a link to the Massachusetts Condominium Act: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183A

It's underwhelming compared to other states' condo acts that I have read.

Your best bet is to get a copy of the condo's declaration and bylaws. Check what sections are being violated. Identify the section that explains how you can enforce the declaration and bylaws. Feel free to attach your declaration and bylaws here, so people can help you search them.

Looks like a who lotta apathy has set in the community - and the board has taken advantage of it. You don't say how long the current group has been in office, but generally, these folks stay on year after year because (1) no one else steps up to take over and (2) the owners don't rally together and vote out the old bunch and put in other folks. After a while, the board figures they can do whatever they want and unfortunately, they're right, because no one (besides you) speaks truth to power and demands answers.

It's too bad it's taken you 20 years to realize something's off, but better late than never. As AugustineD says, step one is to look at your documents to see what they say - you have to understand that because even if someone ends up suing the board for breach of fiduciary duty and wins, a few other homeowners must be ready and willing to take over to begin to turn things around. That someone may be you, so buckle up.

The Bylaws generally state how the community is to be run (e.g. number of board members, length of terms, quorums for annual meetings. ELECTIONS, etc.) There may also be language on how often audits should be done and what information the homeowners are entitled to. Once you see what your documents require, make a list of the stuff that really bugs you and rank what's the most obnoxious. For example, I'd start with the finances - you got an Excel spreadsheet with a bunch of lumped expenses and information, but what didn't you understand? Put some questions together, go to the next meeting and ASK THEM. It may be a matter of preparing an itemized budget - if the treasurer (whoever that is) doesn't know how and you have some idea, offer to help. You may not get all the answers at once, but this is where you need to start showing up every month so the board members will get to know you.

Now, it's one thing to criticize, but as you start on this journey, you need to be prepared to offer your help instead of just complaining. For example, if there's not a newsletter, why don't YOU volunteer to put something together? It doesn't have to be extensive - last month's board meeting, date and time of the next one, a few announcements and reminders, is a start, and there are templates you can download in Word where you can cut and paste. Better yet, suggest the board establish a website - there may be a talented homeowner somewhere in your building who might want to set it up. At the very least, a Facebook page (private) could be established and a webmaster appointed by the board to keep it current. Perhaps the reason you don't get everything you feel the board should provide is that there's much to be done but not enough people to do it. Board members aren't being paid for their work and they DO have a life outside the association.

If you weren't able to get owner information from the board, another way to do it is to....take a walk through your building and knock on some doors so you can get to know your neighbors (and collect their contact information). Encourage them to attend meetings with you - don't be surprised when you hear a lot of "I'll think about it," "I don't have time", "I don't care," "I'm not interested" and whatnot, but you may also find a few who feel as you do, but until now, weren't sure what to do or were too intimidated to do anything. That's the starting point of a revolution.

This won't get fixed overnight and there will be some potholes along the way, so brace yourself, get some help from your neighbors (the ones who will ultimately fix this) and good luck.

-- Thank you for providing the governing documents of your Condominium. It looks like someone highlighted them selectively. You? If so, I am not sure I am telling you anything you do not know.

-- From PDF page 5, Article III. A. paragraph 2, it appears the members are supposed to elect trustees every three years at an annual meeting. Are these elections happening?

-- What else is there that you think the members should be voting on?

-- It appears the Trustees are not required to provide notice to anyone but themselves for meetings outside the annual meeting.

-- Is your condominium less than 50 units? If so, then the Massachusetts Condo Act at Section 10 appears to require having a vote of the members on whether to have a financial review.

-- PDF page 22, Article V, F. requires the Trustees to provide to members, "reports of the management and finances of the condominium" at the annual meeting. What the Trustees provided does not sound professionally done. Unfortunately, I am not sure the Trustees violated the governing documents on the point.

-- PDF page 23, Article V H. appears to require an annual audit, and more exacting and usual financial statements, such as income and expense statement, and a balance statement, and that these be provided to unit owners annually.

-- The Massachusetts Condo Act at Section 6 has this regarding access to Minutes of Meetings: Unit owners should have access to "the minute book, as maintained by the organization of unit owners, to the extent such minutes are kept;" Unless the Trustees reveal that Minutes are kept, you are out of luck when it comes to Minutes.

-- PDF page 18-19, Article V, H. says that Unit owners are entitled to see all manner of financial records. See also Section 6 of the Condo Act for details on what records you are entitled to review.

-- I do not see that the condo is obliged to provide a unit owner contact info for all owners.

-- I do not see a requirement that the Trustees hire an outside agency (say) to conduct and audit elections.

-- The corporate code for Massachusetts may be applicable here and may have more on, say, Minutes and elections.

-- You have rights of enforcement on pdf page 28 Article V. T. and pdf page 37 Article IX. Arbitration is required. But arbitration tends to be cheaper and quicker than court.

-- Where you see a violation, write a polite letter to the Trustees asking for this to be corrected, and citing the statute or the appropriate section of the condo's governing documents. After a month of no response, send a letter of demand. Google for examples of a "demand letter."

Yes, it was highlighted as I had a leak in the two above units above. My condo management came in and repaired my condo there was extensive damage totaling 4-5k. Before they started, I asked if it was covered under the master policy. They responded via email "yes it is". Then after the job was done they said after further review it is not covered because of the 10k deductible. I finally got a lawyer through work and he said that it is a binding contract and not to pay anything. I forget the term he used but I would of had it done the way I wanted or renovated differently if I had to use my insurance.
Anyway back to your question. I requested to be on the board in September of last year. They told me they had issues with me owing money and I can't be on the board because if it. They also refuse to contact my attorney. So we had an annual meeting and no election in the middle of December. Only a handful of people attended because it was so cold.
I finally got them to do an election but since they did not want to do it at the annual meeting, instead have the property manager who's fault it was that incorrectly told me I was covered under the master policy do the count the votes with out anyone there.
I also found out that deadline for trustee application was mixed up by her and some of the applications were not submited on time because " a mix up in the dates".

Shouldn't homeowners be voting on if condo fees are increased?
What repairs are to be made?
If we should hire or switch management companies?

An easy way to contact the owner is through tax records. Your town sends the owner a real estate tax bill wherever they might be. Simply look up the address online through your town assessor's web site or go to the town hall and pull the file for each owner. Send them each a letter.

I have no idea how up to date date "your" town web site is. If you have any questions stop by your town hall.

Jack,

In order to be successful, you are going to need to put a lot more time into this endeavor ... learn your docs, spend the time necessary to get into the details.

thank you i found out its no more than 7 and no less than 5 and should be an odd number.
So we had our election on Monday and they won't tell me the results. It was an election for all the members since we havnt had one in a long time. Do you know the mass law that tell when election results should be announced? is it three days?

I found this on the web (u) Final election results shall be announced within 3 days of the election

https://malegislature.gov/Bills/190/H687.pdf