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Dennis S, Home Buyer in Canton, MA

Can a condo developer only charge some buyers condo fees ? ie- as an incentive to buy offer some buyers no condo fees for a year ?

Asked by Dennis S, Canton, MA Sat Jun 26, 2010

The developer of our complex sold the last unit and turned management of the development over to us- the
residents. When selling some units as an incentive to buy units he offered some buyers no condo fees for a year - in one case two years. He left us with no reserves and a 10,000 $ deficit in our budget.

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I handle condo sales for a developer in Western Mass and we have offered condo fee incentives many times. However it is the developer that is obligated to pay those condo fees he does not require the buyer to pay. We draft an addendum to the P&S that both buyer and developer/seller sign so that all parties are aware of who is responsible for paying the condo fees and when the buyer is responsible to start paying.
0 votes Thank Flag Link Mon Jun 28, 2010
You would be best served to speak with a Real Estate attorney.

The short answer is unfortunately "yes", it is possible that he can. Depending on what sort of control/authority he had for management of the condo association before turning it all over to the other condo owners, he could have made such an arrangement on behalf of the condo association.

A couple of questions that might be asked are ... how many units did he own at the time that he made those arrangements? What authority did he have in making those arrangements on behalf of the association without consulting the other owners? What is the obligation of the new management to honor the previous arrangement? What terms are spelt out in the Condo Association docs.

So, the long answer is dependent on your unique situation or rather the situation and organization of the condo association and what position, if any, that you might be in to pursue the matter further with the developer. Is the turnover complete? Was he the sole trustee/Director until the turnover?

As I said, you'd probably be best served to discuss the matter with an attorney ... because your options are all rather dependent on your unique situation.

Feel free to contact me at greerhomes@gmail..com if you want some contacts for attorneys. Good luck!
0 votes Thank Flag Link Sun Jun 27, 2010
He should be responsible for that amount to the association after closing. You do however want sales as opposed to empty units
Web Reference: http://www.mdmrealtyinc.com
0 votes Thank Flag Link Sat Jun 26, 2010
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