Our three-unit condo association planned to paint the exterior of our building last year, but decided collectively to delay until this year, as it was more expensive than we had anticipated. When we got the bids in this year, two out of the three units were prepared to pay their share of the difference between the cost of painting and what the reserve could cover. The third unit said they could still not afford to pay and asked to delay another year.

If the two other units agree to postpone the painting until next year, is there a way to make the third unit promise (legally) to pay their share next year, so we won't find ourselves in the exact same situation next year? Are there examples of a legal document you could create to make sure all unit owners promise to pay their share and to notify any potential buyers that this work has been pre-agreed upon? One of our fears is that this third owner will sell and not inform the buyer that there is a large potential expense on the horizon.

Any and all advice welcome.

The board should vote for an assessment to cover the cost of painting. An assessment for painting the exterior is based on the % of the association each unit owner owns. If your deed says you each own one-third of the association, you would each pay a third. You might set up a payment schedule that works for everyone.

In many if not most states, right before a condo is sold, the board signs off on a document (in Massachusetts, it's called a 6D) indicating if the unit owner owes any money. The new owner prior to the closing will review this document to see what s/he is getting into.

If a unit owner does not pay the assessment, then typically, a condo association files a lien on the unit making it difficult for owner to sell without first paying their debt. To file a lien, you would most likely work through a lawyer, but I have been told the cost of this is not much.

Yes, the required documents can be found at the Registry Of Deeds: check their websites........

E.

read your state statues for condom.found on the internet