Additional Information:

We bought a unit in a new construction of 4 units. Three units have been sold and occupied for at least a year, including ours. The last unit just passed papers recently.  The original owner of the land holds the trust as well as the Master Insurance Policy, but has never created a bank account or reserve account for the Association nor has he handed-off the association as he was waiting for all four units to be sold.  More pressing is the fact that we are all having water damage from ice dams. We need to file a claim with the Master Insurance, but are unable to as he is still legally the Trustee.  What legal steps can we take?

ATTORNEY ANSWER:

Review the condo documents carefully.  Most provide that upon the sale of the last unit the developer is no longer the trustee.  I would suggest calling a meeting of the unit owners and electing new trustees – record the appointment of trustees with the local registry of deeds and provide proof of appointment to the bank.  That will allow the condo association to open an account.  You can also obtain a tax ID number for the condo association.

Contact the real estate attorneys at Goldenberg & Walters. Located on Harvard Street, Brookline, Massachusetts, we serve the Brookline, Massachusetts community including the neighborhoods of Brookline Village, Aspinwall Hill, Chestnut Hill, Cleveland Circle, Coolidge Corner, Longwood medical, and Washington Square.