There is no right of first refusal in our condo docs.

Additional Information:

I live in a 2 unit condominium complex where the owners of the other unit are going to be selling their unit in the near future. There currently isn’t a right of first refusal in the condo docs and the other owners and I are not on the best of terms and have stated that they would not sell the unit to me. They also have said that they do not want to amend the deed to contain the ROFR. As this is a dispute amongst the associates I know that I can take the issue of right to first refusal into arbitration to attempt to have it amended to the deed. My question is if I do this, is there a way to halt a sale of the unit while the arbitration process is being played out?

ATTORNEY ANSWER:

In order to halt the sale of the other unit you would have to seek an injunction from a Court.  I do not believe you could obtain and injunction and I doubt your arbitration would result in a victory for you either.  One of the problems with owning and living in a small condominium is that the other owner or owners can frustrate your desires.  In this case, where the original condo documents do not provide for a right of first refusal, there is no way you can force your co-owner to agree to change it.  Best course is to not buy into a building that has provisions you do not agree with or does not have provisions in the by-laws you want.

Contact the real estate attorneys at Goldenberg & Walters. Located on Harvard Street, Brookline, Massachusetts, we serve the Brookline, Massachusetts community including the neighborhoods of Brookline Village, Aspinwall Hill, Chestnut Hill, Cleveland Circle, Coolidge Corner, Longwood medical, and Washington Square.