How Are Condominium Trustees Appointed?
Generally, the condominium unit owners have the right to nominate and elect condominium trustees. Trustees 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 (also referred to as condo board members).
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. 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 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. 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 that required maintenance and repairs of the condominium’s common areas and facilities are performed and paid for.
- Hiring and supervising any employees or contractors who do work for the condominium.
- Deciding on and enforcing the condominium’s rules.
- Managing the condominium’s money, which encompasses collecting fees from unit owners, paying the condominium’s expenses, and keeping records to ensure that all money is accounted for and spent appropriately.
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 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, 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 may be best to discuss the trustee removal process with one of our experienced condo attorneys to 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 usually put yourself in a better position to become a trustee by taking steps like:
- Attending board meetings to become familiar with how the condo association operates and the work trustees do. Your presence also gives others confidence in your dedication.
- Considering 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 to 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.
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 can help you see the issue more clearly. To 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.
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