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Getting condo info from a condo trustee

Posted by Rona Fischman  October 14, 2010 02:21 PM
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We’ve been discussing information gathering for the buyer and seller over the past week or so. One of the constructive comments, by tibird, can do with some expansion and discussion:

tibird wrote:

lisasull79 -
When I bought my condo in a 12 unit complex I requested the condo docs & statements. There was a list of board members and I just gave the first name a call. She was very helpful in telling me about the building/complex/neighbors. I never needed to speak to the seller. Sure I may have blindsided the board member, but she is on the board for a reason.

Tibird did due diligence that many condo buyers fail to do. Yet, she was unsure whether she got the whole truth from the trustee.

If you are buying into a condo complex, you should be talking directly to the trustees. Their names are public record. So, even if the listing agent gets in the way of that contact, you can find the names and make the contact. In my experience, it is most common to be handed the names of elected trustees in bigger associations, but to not get the names of the people downstairs in small association. I gave my advice on what to do in the latter case.

I read tibird’s comment, then called a veteran condo trustee, who is a client and now friend of mine. I asked her how a trustee could, legally, blindside a would-be buyer. She recommends that anyone who is buying a condo should contact Community Associations Institute to learn what condo owners are responsible for.

This is how a trustee could blindside a buyer within the rules she learned from the CAI training: Trustees are not required to disclose an upcoming special assessment until it has been approved by the association. (A special assessment is a bill to each condo owner, over the normal fee, to cover expenses not met by normal fees.) The board minutes do not have to include discussion of problems in the building that need cash to fix until a motion is posed by the board about it. So, talking to a trustee, or reading the minutes may not get you the answer you need.

How do you find out what you need?
One way is to hire a good home inspector, who should pick up the material defect in the building.

The other way, is the “old fashioned way” described by Ron Rothenberg last week: talk to the neighbors. If you give a neighbor time to be comfortable with you, they are likely to tell you what you need to know. (BTW, when my clients talk to neighbors, I disappear. The presence of an agent has an intimidating effect on these conversations.)

What’s your experience with condo trustees? Condo neighbors? Did you get the whole truth before buying?


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About boston real estate now
Scott Van Voorhis is a freelance writer who specializes in real estate and business issues.
Rona Fischman is a buyer's agent who provides a look at the local housing scene, from basements to attics.
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