She claims she is doing repairs on her roof and says she will pay out of pocket for those repairs. She is not following the rules of the by laws of the master deed. I was wondering if have the right to take her to court to recoup those fees.
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You have a better weapon. Contact a lawyer.
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If she is not adhering to the bylaws in the master deed, either by not paying the fees or by making repairs or both and she will not pay the fees as required, then you should consult an attorney to review the master deed and any condominium trust agreements and to discuss what rights or remedies you may have. If the amount does not exceed $7,000 you may be able to file a complaint in small claims court. Best of luck.
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Family Law Attorney
You should speak to an attorney who specializes in condo law. If this is just a 2-unit condo, which one of you is the trustee charged with collecting the fees? Is it both of you (very common in 2-unit condos)? If she is paying for repairs directly, what harm has been caused thus far? Might it be more practical to have each unit be repsonsible for own repairs, as long as done with respect to the common design of the building? I am just asking these rhetorically, but the specifics of your condo may be that splitting is practical or not. If so, you might avoid the hassles of non-payment.
To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.