Skip to main content

I live in a condo unit. I live on one side my sister in law lives in the other. She has not paid her condo fees for four months

Gloucester, MA |

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.

Attorney Answers 3


You have a better weapon. Contact a lawyer.

henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- (978) 749-3606.
Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.

Mark as helpful


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.

Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

Mark as helpful


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.

Mark as helpful

1 lawyer agrees

Real estate topics

Recommended articles about Real estate

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics