Generally, condominium trustees are appointed by condominium unit owners who have the right to nominate and elect these trustees. Condominium trustees — also referred to as condo board members — are individuals or members of a board who have control over the administration of a property in trust. These individuals are legally obligated to administer the property for only the specified purpose. If the unit owners elect trustees who do not protect the trust and interest of the condominium association, there is usually a process to remove bad trustees.
A declaration of trust appoints a trustee who is responsible for assets that are held for the benefit of another individual or group. In this document, “assets” can include the right to condominium use. In the declaration of trust, trustees are given the responsibility of managing, maintaining, and operating the condominium. Understanding the appointment process is essential for unit owners to ensure trustees act in their best interest.
In Massachusetts condominium law, a trustee is trusted by the unit owners. Generally, though, a trustee is not “personally” liable for violations of Massachusetts condo law in which they engage in their capacity as a trustee.
Condo Unit Owners’ Right to Nominate and Elect Trustees
Condominium unit owners have the right to nominate and elect trustees who will manage the condominium’s affairs. This democratic process ensures that the trustees are accountable to the unit owners and act in their best interests. If trustees fail to act in the best interest of the condominium or violate the law, they can be removed from their position.
In Massachusetts, courts can remove trustees who have conflicts of interest or have not fulfilled their duties. This authority allows unit owners to protect their interests.
The declaration of trust is a key document that outlines the appointment and responsibilities of trustees. It specifies:
- The number of trustees
- Their term
- Their qualifications
- The trustees’ duties
This document serves as a guide for the operation and management of the condominium, ensuring trustees act in accordance with the established rules and regulations. MA condo trust forms may include the declaration of trust and other related documents used in governing the condominium.
Condo Trustee Responsibilities
A trustee’s most basic legal responsibility is to act in a fiduciary capacity to serve the best interest of the condominium association. In other words, trustees have a legal and ethical obligation to prioritize the interests of the condominium association above their own personal interests. Massachusetts law also provides specific responsibilities for trustees. These requirements are addressed in Massachusetts condominium law, which requires condominium bylaws to include basic procedures for condo operation and management , such as:
Ensuring Maintenance and Repairs
Trustees must ensure required maintenance and repairs of the condominium’s common areas and facilities are performed and paid for. The trustees under Massachusetts condominium law are responsible for maintaining the property’s value and ensuring a safe and pleasant living environment for all unit owners.
Hiring and Supervising Employees or Contractors
Trustees hire and supervise employees or contractors who work for the condominium. They must select qualified professionals, negotiate contracts, and oversee their work to ensure it meets the required standards.
Enforcing Condominium Rules
Massachusetts condominium law trustees can enforce condo rules , which are established to maintain order and harmony within the community. This enforcement involves addressing violations, resolving disputes, and ensuring compliance with the established bylaws. Trustees must apply these rules consistently and fairly to all unit owners.
Managing Finances
Trustees are responsible for managing the condominium’s finances, which includes collecting fees from unit owners, paying the condominium’s expenses, and keeping records to ensure that all money is accounted for and spent appropriately. Under Massachusetts condominium law, trustees must ensure transparency and accountability in financial matters and safeguard the association’s financial health.
Working With Management Agencies
Sometimes, the trustees of a condominium will ask for the assistance of a management agency, also known as a property manager. A management agent oftentimes does not hold a relationship with unit owners. The property manager is a disinterested party that the trustees empower to perform certain activities that would otherwise be performed by the trustee condo board members.
The role of the management agency includes overseeing day-to-day operations, handling maintenance requests, and managing financial transactions. The management company owes a duty of care to the unit owners to perform their management of the condominium in a competent and reasonable matter. Their failure to do so could give rise to a negligence claim by the unit owners against the management company.
Protecting Your Interests as a Unit Owner
If trustees or condo board members are doing more harm than good for the condominium association and property, they can be removed from their position. In Massachusetts, the process for removing trustees involves legal action. Courts can remove trustees who have violated the law and/or failed to act in the best interest of the condominium. Courts may also remove trustees who have a conflict of interest.
Trustees may have been in charge of management for a long time. New unit owners may feel like they have no say regarding who controls the property. Although all condominium association members have a voice, the trustees hold significant responsibilities and essentially run the entire condominium.
For example, if a roof needs repair, it is the trustee’s job to make sure they hire a contractor who will repair it properly. If you are concerned about the future of your condominium’s trust, it is important to consult with experienced condo attorneys . Discuss the trustee removal process, determine what your options are, and find out the steps you need to take.
Can You Become a Condo Trustee?
You could also consider trying to become a condo trustee yourself. The declaration of trust should include details on the election process and any requirements trustees must meet. You can improve your chances of becoming a trustee by taking steps like:
- Attending board meetings :Attending these meetings will help you become familiar with how the condo association operates and the work trustees do. Your presence also gives others confidence in your dedication.
- Highlighting skills and experience:Consider what skills you would bring to the board that make you a strong candidate and effective trustee. These advantages can be anything from training in accounting or managerial experience to skills as a negotiator or communicator.
- Getting to know your neighbors :Since trustees are elected, it is helpful to have good relationships with other residents and understand their concerns. Building rapport can increase your chances of being elected.
You could also consider the differences between couples and single condo trustees. A single condo trustee is a single individual who takes on the responsibilities of a trustee independently. In contrast, a couple trustee or co-trustee involves two individuals, often a married couple, sharing the responsibilities of one trustee role. They can divide tasks based on their strengths and expertise.
If you’re elected, you must fill out an MA condo trustee appointment form.
Essential Condo Trust Forms and Documents
Each form and document plays a role in the governance and management of condominium associations:
- Declaration of trust:This document establishes the condominium association and its legal authority. It serves as a foundational guide regarding the condo association’s general operation.
- Bylaws:Sometimes contained in the declaration of trust, the bylaws provide a clear structure for the day-to-day operations of the condominium and ensure trustees understand their roles and responsibilities.
- Condominium master deed:The master deed describes the physical property, including individual units and common areas, and defines the property boundaries and ownership rights. The master deed works with the declaration of trust to establish the condominium as a legal entity.
- Trustee appointment form:This form is used to appoint or elect individuals as trustees for the condominium association.
- Financial statements and budgets:These documents provide detailed information about the financial status of the condominium, including income, expenses, and reserve funds.
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Reach out to Calabrese Law Associates
Whether you need to ensure your trustees are serving your condo board adequately or want to become a trustee yourself, expert advice and information may help you see the issue more clearly. Learn more about condo trustees’ responsibilities and qualifications, contact Calabrese Law Associates .
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.
