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We are in the process of trying to remove and...

Resolved • Response time 1 minute

25 May 2022

We are in the process of trying to remove and replace our condo board. They recently hired a new management company, but our previous company was dissolved by the stare of massachusetts. Can a new Board of trustees override the terms set in the new mgmt company contract? There are certain people included in that contract, property mgr., that we do not want managing our property and former employees that we want to keep.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We have petitioned to see financials and get a special meeting and current BOT refuses to do so. We are using this time to gather a quorum of owners to do a remove and replace of this BOT.
JA: Yes, I'm a bot. I make the process of talking to the Lawyer more efficient and affordable by asking basic questions. Have you talked to a MA lawyer about this?
Customer: Yes
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My main concern is can a new BOT over ride the old BOTs terms of the contract.
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25 May 2022

Ask your own question
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle
Attorney

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started:

  • I will respond to all your posts very quickly, but if you do not receive a response immediately, do not fear: you have NOT been forgotten. It's likely just a technical delay on my end. Just know that I will be with you as soon as possible.
  • I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. With that said....

Do you know how long this property management contract is good for?

25 May 2022
Customer reply
25 May 2022
Unfortunately no they were recently signed on. Our BOT is not forthcoming with anything.
25 May 2022
Customer reply
25 May 2022
Can not afford that. Is there any other way I can find out if a new BOT can override what current board has in place?
25 May 2022
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle
Attorney

No problem! When you say "override" it, what do you mean exactly? Do you mean tear up the contract?

25 May 2022
Customer reply
25 May 2022
No just make them hire a new property manager and hire back a maintenance worker
25 May 2022
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle
Attorney

Oh ok, thanks! So this depends on a few factors. What are some of these PM employees doing that is troubling you? What is an example?

25 May 2022
Customer reply
25 May 2022
He is very disrespectful and makes his own hours. Currently he only works 4 days a week takes 4 months in Florida every winter and on top of that 3 weeks vacation. We know he has negotiated himself in the contract and is in control of this current board. They will not make a move without his say so.
25 May 2022
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle
Attorney

Got it! I believe I have everything I need, but was there anything else you’d like to add before I answered? If not, I can begin working on your answer.

25 May 2022
Customer reply
25 May 2022
That’s all I need answered. Thank you.
25 May 2022
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle
Attorney

Got it! I just need a little time to do some research and draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long!

25 May 2022
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle
Attorney

I'm so sorry to hear about your situation!

The answer to your question is no; they can't. The downside here is they have a contract, and it can't just be broken based on the displeasure of the residents. The board would need to either negotiate their way out of the contract, or if this PM is not doing their duty, sue to enforce their performance of the agreement. The law wouldn't allow them to just terminate it without putting the association in serious legal hot water. 

Does that make sense?

25 May 2022
Customer reply
25 May 2022
Perfect!
25 May 2022
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle
Attorney

Thanks so much! I think we responded at the same time. So take a look at what I posted above and let me know what questions you had for me about that today.

25 May 2022
Customer reply
25 May 2022
I see the answer. Even if the new board comes on and wants to renegotiate?
25 May 2022
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle
Attorney

Sure! So the new board could always negotiate, but your question was whether they could "override" the contracet. Legally, no board can do this. They have to honor the contract and enforce its terms, OR they can work on negotiating new terms. 

Does that make sense?

25 May 2022
Customer reply
25 May 2022
perfect sense. Thank you so much!!
25 May 2022
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle
Attorney

Excellent! Did you have any other questions for me today?

25 May 2022
Customer reply
25 May 2022
No, you have been very helpful. Thanks much appreciated.
25 May 2022
Customer reply
25 May 2022
No, you have been very helpful. Thanks so much. Can I get a copy of this transcript!
25 May 2022
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle

You bet! Thank you for trusting JustAnswer with your question. PLEASE USE YOUR MEMBERSHIP! On top of lawyers, you have access to thousands of experts including:

My name is ***** ***** I want you to come back by clicking this link. https://www.justanswer.com/law/expert-dmwesq/.
In the meantime:
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Customer rating:
Legal Eagle
Legal Eagle
Attorney
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25 May 2022
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