Understanding the Legal Requirements of Condominiums

Avoid the mistakes that others have made.

Think of a condominium as a partnership of owners – or “unit owners” as they are called. The master deed is the document that creates the condominium. It divides a building into condominium “units” that may be purchased and the common areas that are owned by all the unit owners as a group.

The master deed assigns each unit a percentage interest in the association of unit owners. Each unit votes at meetings based on that percentage and pays condominium fees and assessments according to that percentage.

How Percentage Interests Are Determined

It is surprising to most people that the percentage assigned to a unit is not based on the square footage of the units. Percentages are assigned at the time the condominium is created based on the market value of each unit at that time. These percentages do not, however, change as the market value of each unit changes.

The square footage of each unit is set out in the master deed. The square footage is an “approximate” number, not an exact number. The actual usable space of a unit will often be smaller in size than the square footage listed in the master deed.

The Condominium Association

By law, an association of the owners of the condominiums manage the “common areas and facilities” of the property through trustees, officers or directors appointed by the owners. These managers develop an operating budget to pay for the expenses that service of the building and determine when the common areas and facilities should be repaired or improved.

Disclaimer: The Massachusetts state bar does not certify any lawyer as a specialist or expert in real estate. As used in this website, where any reference to real estate lawyer or attorney means that the law firm has a heavy emphasis in real estate law and transactions in its practice.