The majority of condominium associations in Massachusetts appoint trustees under the governance of a Declaration of Trust — a document that establishes the trust and details the appointment process. As a result, general disputes will typically be worked out according to the trust documents and condominium owners association regulations.
However, if there is a concern that a trustee or several trustees are not acting in the best interest of the beneficiaries — the condo unit owners — you can take action that forces a trustee to surrender their role for the betterment of the association. If you or someone you know is dealing with a situation where the condo association’s trustees are not acting in the best interests of the unit owners, Calabrese Law Associates can help.
Understanding Massachusetts Condo Trustees
In a standard case of condo trustee appointment, you or your chosen trustee would need to go through the steps as outlined in the Declaration of Trust. If this document is not available to you, you may be able to get a copy from the Settlor, or the person who created the trust.
Personal interests can complicate the process, especially if the nominated trustee has interests that go against those of the association or community. The state has set a precedent to favor trust beneficiaries — the unit owners. For example, if the person up for appointment plans to repurpose the building or demolish it entirely, the Massachusetts court may choose to deviate from the Declaration’s guidance and block them from becoming a trustee to protect the beneficiaries’ interests.
How to Address Your Concerns
Addressing a dispute can be complicated by the fact that most condo associations are run by a board of trustees, not just one person. Regardless of how many people you believe are involved in the issue, you must have proof that each person is involved to take action against them. At Calabrese Law Associates, we help our clients:
- Reviewing documents and evidence: Once you find representation, they will want to see all the paperwork related to your case, including the Declaration of Trust and any evidence you’ve collected that proves the current trustee is not working in the condo’s best interests. This proof may include breaches of their fiduciary duties or neglecting duties such as maintaining the property or holding trustee elections.
- Contacting the trustee: Next, you’ll work with your attorney to draft and send a letter of demand to the trustee or trustees. This letter should inform them that you intend to take action unless your concerns are addressed.
- Mediation or arbitration: Before moving to legal proceedings, the board may attempt third-party mediation or arbitration to settle the dispute. Having legal support in these instances can still be beneficial to ensure an agreeable decision is reached.
- Filing a court petition: If the trustee continues to act negligently or maliciously, you and your attorney can file a petition to remove them from their position. You can also request that you or a new trustee be appointed in their place on a permanent or temporary basis.
Why Choose Calabrese Law Associates?
Since 2013, Peter Calabrese and the other attorneys at Calabrese Law Associates have supported real estate owners and trustees in the Greater Boston Area. Our areas of expertise include:
- Condominium law: We’ve worked with condominium associations in many disputes and negotiations, giving us a deep understanding of their proceedings and how to navigate them.
- Contract negotiations: Your condo contract can provide a lot of information regarding how to deal with disputes and other steps you can take to protect your interests. We can also review new contracts to ensure you’re treated fairly.
- Other property disputes: From nuisance claims to foreclosures, we have experience in nearly every area of Massachusetts real estate law.
You need a trusted law firm in the event of a dispute with your condominium owners association. The team at Calabrese Law Associates can help. While your options may differ based on your contract and other details, we will use our experience with condo trustee appointments and how to sign as a trustee after disputes to work toward the best possible outcome.
Selecting the right law firm helps you navigate condo disputes with professional guidance to support your side and protect your interests. If you have a condo dispute in the Greater Boston Area or elsewhere in Massachusetts, let us help you find the answers — reach out today to get started.
This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.
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