FAQs

What is a community association?

A community or homeowner association is generally a not-for-profit corporation that was formed to manage a real estate common interest development or condominium project.

What is a condominium?

A condominium is a form of realty ownership in which the property is owned jointly with other persons, except for unit interiors, which are owned individually.

What is a unit?

A unit is part of the condominium with one or more rooms and appartment areas, such as balconies and storage areas that are identified in a master deed as being owned by the unit owner.

What is a master deed?

The master deed is the legal document that describes the entire condominium project, including each unit. The master deed is recorded in the registry of deeds.

What laws apply to community associations?

In Massachusetts, the principal law that applies to condominiums is Chapter 183A of the General Laws of Massachusetts. Other laws, such as those that relate to corporations, health and safety, vehicles, taxes, and real estate, also apply to condominiums.

What rules and regulations apply to the association?

The rules that govern the operations of the association are set forth in the bylaws of the corporation (association), as well as through the regulations that are lawfully adopted by the trustees or officers of the association.

What are common areas?

The common areas generally comprise the entire common interest development or Condominium project, with the exception of the separate interests of each owner. The common areas can generally be used by all the owners. All owners share in the costs of operation and maintenance of the common areas. Common areas include, for example, the exterior portions of the buildings, building lobbies, common hallways, walkways, swimming pools, and recreational facilities.

Who is responsible for maintenance and repairs?

The trustees are responsible for taking the appropriate actions to ensure that the common areas are properly maintained and repaired. The individual owners pay fees to the association for the maintenance and repair of the common areas.

Do I need any special insurance?

The homeowners association usually obtains the appropriate insurance for the common areas. Premium payments are made with the funds paid by the individual owners. Insurance for individual units and personal property contained therein is the responsibility of the individual owner.

Who pays for utilities?

The association pays utility charges for the common area. The individual unit owners pay utility charges for individual units if the utilities are separately metered; if not, the association would pay the charges.

Who is responsible for damage to the building?

The responsibility depends on the nature of the damage, how it was caused, and who caused it. If a unit owner caused damage to the common area, the unit owner would most likely be responsible. If the damage to the common area was caused by a storm, the association would probably be responsible. Each individual case of damage should be carefully reviewed to determine how to best handle the situation.

Why is a property manager needed?

A professional property manager, especially one the holds the appropriate certifications, can be a very valuable asset and resource for the association. As a minimum, a property manager can:

• Assist in the collection of condominium fees
• Prepare financial reports
• Minimize time devoted by trustees to affairs of the association
• Inspect the property and make recommendations regarding repairs, to assist in maintaining the value of the property
• Recommend qualified vendors to attend to maintenance, capital projects, and needed repairs
• Assist trustees in obtaining compliance with bylaws and regulations
• Provide 24/7 response to emergencies, such as burst pipes and heating system failures
• Assist in the negotiation of contracts involving capital projects and repairs
• Maintain association records
• Help solve your property management problems, from accounting to water damage remediation, and everything in between

Can the association manage itself?

Yes, if a sufficient number of knowledgeable, dedicated, and capable volunteers are willing to devote their time and efforts to the needs of the association.

Who pays the bills for the association?

The trustees generally handle the payment of bills, unless this responsibility has been delegated to a professional property manager.

How much does it cost to be a member of the association?

Fees payable to the association by the unit owners are established based upon the financial needs of the association, as determined by a budget and any reserve studies. The dollar amount of fees will vary, depending upon the size of the condominium project and its financial needs. In the Boston area, fees for a 10 to 20 unit condo project can range, on average, from $200.00 to about $2,000.00 per month per unit.

Can the rules and regulations be changed?

Yes, provided the unit owners and trustees comply with all applicable legal requirements, bylaws, rules and regulations of the association, and an agreement has been reached by the appropriate number of unit owners and trustees.

Who is responsible for snow removal?

The trustees make the arrangements for snow removal from the common areas; or if a professional manager has been retained, the manager will make the arrangements at the direction of the trustees.

Who makes the arrangements for the heating oil?

The trustees will make the necessary arrangements unless a professional manager has been retained, in which case, the manager will make arrangements at the direction of the trustees.

Where can I obtain more information about community associations?

You may contact Premier Property Solutions, LLC, or you can click on the links in the Premier Property Solutions website. The Community Association Institute website, in particular, is an excellent resource.

Who is responsible for trash collection and removal?

The trustees will generally make arrangements for trash collection and removal, if necessary. Individual owners will have the responsibility of complying with all applicable laws, rules, and regulations regarding the disposal of waste, including, but not limited to, the disposal of hazardous waste.

Who makes the decisions about landscaping?

The trustees will usually make the necessary decisions. They can, of course, consult with and solicit the opinions of the individual unit owners.

Can I have pets?

Whether pets are permitted will depend upon the bylaws and the rules and regulations of the association. If pets are permitted, there may be some type of limitation as to the type, number, and size of pet allowed. Limitations may not apply in the case of a Seeing Eye dog, however.

Can I make changes to the building?

Under some circumstances, changes may be permitted, subject to the requirements of law, the bylaws, and the rules and regulations. Questions regarding changes are best discussed with the trustees or management before any changes are made.

What happens if I do not pay my fees?

A lien may be attached to your ownership interest, and foreclosure proceedings may be commenced.

What can be done if a neighbor makes too much noise?

It would probably be desirable to discuss and attempt to resolve the problem with the neighbor in a friendly, congenial, and non-confrontational manner. If this is impossible, then the help of the trustees and management can be solicited.

What happens if a neighbor creates a nuisance?

The action taken will depend upon the nature of the nuisance. If the matter cannot be resolved directly with the neighbor, then the help of the trustees can be requested. In many cases, the bylaws and the rules and regulations will contain provisions regarding nuisances.

What can be done if a neighbor ignores the rules and regulations?

A professional property manager or attorney may be of assistance if the trustees are unable to attend to the problem.

Who is responsible for pest control?

If a pest problem exists in the common area, the association will generally take care of the problem. If the pest problem exists solely within a unit, the unit owner would most likely be required to assume responsibility. There are exceptions that may arise, for example, in the presence of termites. A prudent course of action would be to discuss the problem with the trustees or management.

Who is responsible for maintaining the washer and dryer that is used by members?

If the association owns the washer and dryer, the trustees or the property manager would make arrangements for any required maintenance. If the washer or dryer was leased to the association, the lessor would generally be responsible for maintenance, unless the lease specified otherwise.

Who enforces the rules and regulations?

The trustees and the management, under the direction of the trustees, enforce the rules.

Who decides if capital improvements are needed?

The trustees decide, after consultation with appropriate professionals and unit owners.

Is a budget necessary?

Yes. A budget anticipates what the expenses will be for a given year, and helps to determine what the monthly condominium fee will be, based upon the percentage of interest owned by each unit.

Who is responsible for the preparation of the budget?

The trustees, in consultation with a professional property manager or with accountants, are responsible for the preparation of the budget.

How often is the roof inspected?

The trustees will decide, after consultation with appropriate professionals, how often the roof should be inspected. It is a good idea to inspect the roof at least once per year, as well as after a major weather event such as a hurricane or blizzard, where it appears that damage may have occurred. Roof drains, if any, should also be cleared on a periodic basis, as determined by the trustees.

Who is responsible for roof repairs?

Generally, the association, unless damage to the roof has been caused by a unit owner, is responsible for the roof repairs.

If the roof leaks, who is responsible for the repairs?

Generally, the association, unless damage to the roof was caused by a unit owner, would be responsible.

If the roof leaks, who is responsible for damage to personal property?

Personal property is not the responsibility of the association. Homeowners or renters should maintain the appropriate insurance to protect their personal belongings.

Who is responsible for plumbing repairs?

The association is responsible if the plumbing is determined to be “common area,” as long as a unit owner did not cause the damage. The unit owner may be responsible if he or she had installed improvements, and the improvements required repairs.

Can I rent my condominium?

Whether you can rent the condominium, and upon what terms, will depend upon the language contained in the bylaws and the rules and regulations.

Is there a limit on the number of people that can occupy my condominium?

Limitations and restrictions, if any, will be set forth in the bylaws, rules and regulations, and city codes.

How often do the Trustees meet?

The bylaws and the rules and regulations will usually contain provisions regarding meeting schedules. However, trustees can meet as often as necessary to attend to the affairs of the association. The Owners’ Meeting is held once a year.

What is a reserve study?

A reserve study is a summary of the reserves that may be needed by the association, based upon a review of matters involving the condominium project. These matters include, but are not limited to, replacement cost of the project, the useful life of each major component in the project, cash reserves that may be needed to repair, replace, or restore major components, special assessments that may be required, and a description of the procedures used in establishing the amount of reserves. Trustees, to assist in the preparation of reserve studies, may retain consultants.

What documents should I receive or ask for when I buy a condominium?

As a minimum, it would be prudent to request and receive recorded copies of the master deed and unit deed, copies of the bylaws, the rules and regulations, budgets, financial statements, minutes of meetings, proposed special assessments, reserve studies, and any other information and documents that your attorney recommends.

How can I help prevent pipes from bursting in extremely cold weather?

You can keep the water fixtures (in the unit where the temperature is above freezing) on with a steady drip. Pipes with hose bibs that are on the exterior of the building or which are exposed to low temperatures should be drained in preparation of extremely low temperatures. If the water in the pipes freezes, you may want to consider calling a plumber, or a hair dryer may be useful to help defrost them. Of course, all warnings involving the use of a hair dryer where water may be present should be followed. Generally, hair dryers should be used only in the interior space of a building, and not in an area where water may be present.

DISCLAIMER

The questions and answers set forth in this web site are general in nature, and are provided solely for informational and educational purposes, and for the convenience of the users of this site. Under no circumstances should the answers be construed to be legal, accounting, financial, property management, or any other type of advice. Specific answers to specific questions will vary and depend upon the actual facts and circumstances pertaining to the issue or situation encountered. Any advice must be tailored to the specific circumstances of each case, and nothing provided herein should be used as a substitute for the advice of competent professionals such as attorneys, accountants, insurance agents, plumbers and professional property managers. Also, please keep in mind that laws are constantly changing, and in many cases, the governing documents of the condominium association may very well provide the answers you are seeking.

(Reference should be made to The General Laws of Massachusetts, Chapter 183A, for more precise legal definitions of the terms used in the list of FAQs