Condo’s Percentage of Unit Ownership Formula Not Being Followed

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J.A. from outside of Connecticut writes:

Dear Mister Condo,

I live in a six-unit condo building. Three of the units are 2 bedrooms and 3 are one bedrooms. We have always paid our maintenance, repair and replacement of common elements, and assessments, in proportion to the % of ownership. Recently we had to buy a new boiler for the building and in a casual email the 3 bedroom owners and 2 of the 3 one bedroom owners decided that we should pay for the boiler in an equal split. This means that the one-b’s will be paying about $500 more than they would pay if we divided the cost proportionately. I live in a one-b and don’t think that is fair. I think the minority has rights which can’t be over-run by the majority. What do you think?

Mister Condo replies:

J.A., unless your by-laws state otherwise the percentage of unit ownership is the law of the land for all association expenses. The new boiler is no exception. You should question the Board’s decision on how to allocate the cost and cite your by-laws along with your objection. If the Board refuses to divvy up the cost according to the by-laws, it is time to seek a legal opinion and possibly bring suit against the association for not following the percentage of unit ownership. Good luck!

2 thoughts on “Condo’s Percentage of Unit Ownership Formula Not Being Followed

  1. In Washington State the Condominium laws both old and knew specify that percentage of unit ownership is the law of the land. There is no allowance for changing that unless 100% of the owners vote to make that change. Neither Bylaws nor Declarations can allow it without that 100% approval.

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