What if an owner fails to maintain a unit in accordance with the condo rules?
If an owner fails to maintain a unit in accordance with the condo rules in Massachusetts, the condo board of managers generally has the authority to take any action necessary to ensure compliance. This could include issuing notices, repairing the unit, and taking legal action. The condo board can also impose fines or special assessments on the unit owner. These fines can accumulate until the unit owner brings their unit into compliance. However, the condo board must generally follow a certain procedure that is outlined in the condo documents, such as giving the owner written notice of the violation, allowing for a reasonable amount of time to fix the issue, and allowing for a hearing or a meeting with the owner. In addition, the condo board can also ask the court for help if necessary. This could mean that the court orders the unit owner to bring their unit into compliance with the condo rules or that the court can grant the condo board the authority to enter the unit and make repairs. The court may also award damages to the condo board for any costs incurred in ensuring compliance. Ultimately, if an owner fails to maintain their unit in accordance with the condo rules, the condo board has the authority, with the help of the court if necessary, to ensure that the owner follows the rules and brings their unit into compliance.
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