Frequently Asked Questions
What is a Condominium?
What are my rights as an owner?
What are my responsibilities as an owner?
What are the Common Areas and Facilities?
What are the Condominium Documents?
What is the difference between an Owner, Resident, and Tenant?
What is a unit’s Beneficial Interest?
What do my Condo Fees pay for and how are they calculated?
What is the Replacement Reserve?
What is the Board of Directors?
What is a ‘Proxy’?
What is a ‘Quorum’?
What are Governing Documents?
Should I have individual unit insurance coverage?
Where do I send my condo fee payment?
What do my monthly condo fees pay for?
What will happen if I stop paying my monthly condo fees?
I am having problems with my neighbor. What do I do?
How can I meet with the Board if I want to discuss something?
Do I have to let the Board know if I’m putting my unit up for sale?
The power is out in my unit, but not in the hallways. Who do I contact?
How do I get my name added to the intercom and mailing/email list?
How do I order a front door key?
What do I do if I am locked out of my Unit?
What should I do if the elevator is broken?
Do the condo rules apply to me if I am a renter?
Where is the laundry room?
Where are the recycling and trash receptacles?
Where can I park my car?
What is a Condominium?
The term Condominium may be defined generally as a system of separate ownership of individual units in multi-unit projects. The owner of a condominium unit owns not only the unit described in his deed, but also an undivided interest in the “common areas and facilities”. The expenses for the overall operation of the condominium for such things as electricity, water, and maintenance of the grounds, maintenance of the building, personnel and insurance are called common expenses or “condo fees” and are shared by all of the unit owners according to the “beneficial interest” of each unit owned. Such condo fees are paid on a monthly basis directly to the Association. A condominium association becomes an effective organization upon the recording with the Registry of Deeds its Declaration of Trust, Master Deed, By-Laws and any plans required by the State of Maine.
Condominium living is also a form of communal living. Because of your immediate proximity to your neighbors, and because everyone’s actions affect property values and the quality of life at the condominium, everyone must cooperate and abide by the Rules and Regulations established by your Trustees and the By-Laws set forth in your documents.
What are my rights as an owner?
The governing documents for the Marlborough Condo Association, known as Covenants, Conditions and Restrictions (C.C. & R’s) and the Maine State Condo Laws form the primary body of information that provides you your rights as owners.
What are my responsibilities as an owner?
Condominium ownership offers many convenient benefits however, there are still responsibilities. There is a mistaken belief that living in a condominium means that you have no responsibility for the common area or anything outside of your unit. Every Association requires a Board of Directors to lead the Association. The Board is elected by the owners and consists of unpaid, volunteer unit owners. Although the Board is the governing body responsible for enforcing the condominium documents and directing the maintenance of the association and property, individual unit owners are encouraged to be involved simply by caring for the value of your asset, which includes the common area – the grounds and everything outside the living units. You have invested in this property, and the future value of your investment can rise or fall based on the health of the Association.
What are the Common Areas and Facilities?
The “common areas and facilities” of the condominium may be defined generally as those areas and facilities which serve all the residents of the condominium complex. These facilities may include land, walkways, lobbies, exterior foundations, exterior walls, exterior roofs, piping and mechanical systems serving the entire building, and the elevator. The common areas for the Marlborough are specifically defined in the Master Deed.
What are the Condominium Documents?
The Master Deed and Declaration of Trust are the governing documents of the condominium association. These documents are recorded with Cumberland County Registry of Deeds. The Master Deed is the basic legal document establishing the property’s condominium status and providing for the administration of the association.
What is the difference between an Owner, Resident, and Tenant? A Unit Owner is a person or entity who legally owns a unit at the Marlborough. A Non-Resident Owner is a person(s) or entity who legally owns the unit but does not reside at the building. A Tenant is a person who is renting a unit from a unit owner or a unit owner’s agent.
What is a unit’s Beneficial Interest?
The Beneficial Interest of a condominium unit is a predetermined percentage assigned to it and stated in the Master Deed (see Condominium Documents). It is based on the ratio of the unit’s floor area to the sum total floor area of all units in the association. The beneficial interest represents the proportional responsibility of each unit, and therefore its owner, to overall expenses of the condominium association.
What do my Condo Fees pay for and how are they calculated?
Condo Fees pay for everything associated with the condo association outside of your unit. At the Marlborough, this includes the fuel to provide heat in your radiators as well as hot water. The Marlborough is a historic 100+ year old building with an equally as old elevator which require regular maintenance. Condo fees also cover the standard required expenses such as a master insurance policy, snow and trash removal, common-area utilities, property management services, maintenance expenses, accounting and legal services as well as all other services provided by outside vendors and contractors.
In addition, the Association sets aside a portion of the monthly condo fees in a Replacement Reserve account for anticipated future projects and unexpected expenses. All these items are listed in the Operating Budget. A unit’s monthly condo fee is calculated by simply multiplying the total Operating Budget by the unit’s beneficial interest percentage (as defined in the Master Deed) and dividing by 12.
What is the Replacement Reserve?
The Replacement Reserve (sometimes called a Capital Reserve) is an account of condo fee funds, separate from the account for operating expenses that are set aside for future replacement or upgrade projects. By maintaining a list of major building components (roofs, boilers, carpets, masonry, etc.) and their anticipated life-span the association can establish a schedule of when these items will need to be replaced and roughly how much money will be needed when the time comes to take on the project. The Reserve also allows the Association to handle emergency major expenses (e.g. the unexpected failure of an elevator motor or water heater) by delaying some less urgent planned projects. The Reserve plays a major role in keeping expenses and condo fees stable and avoiding large, unexpected Special Assessments which can be burdensome on unit owners.
What is the Board of Directors?
Every Association is required to have a Board of Directors. The Board of Directors is comprised of unpaid, volunteer unit owners and is the governing body which enforces the condominium documents and directs the maintenance of the association and property. The job of the Board is to provide leadership and direction to the Association as a whole, and follow the state law and the governing documents of your Association. Their role is to protect the interests of the entire Association. Some of the most common tasks for the Board include securing contracts for the needs of the Association, reviewing and monitoring the financial matters of the Association, and creating/enforcing rules and regulations for the benefit of all the owners.
What is a ‘Proxy’?
A proxy is a document that grants authority to one individual to vote on behalf of another person by representing them at a meeting of the association. A proxy for a condominium unit must be signed by the Designated Voting Representative.
What is a ‘Quorum’?
A Quorum is defined as the minimum number of owners required to hold an official meeting of the association.
What are Governing Documents?
The Governing Documents include the master deed, bylaws, operating rules and regulations, articles of incorporation, amendments and any other documents which govern the operations of an association.
Should I have individual unit insurance coverage?
YES, whether you are a tenant, a resident owner, or a non-resident owner, a basic “Homeowner’s” insurance policy is required. The condominium Master Insurance Policy does not provide coverage for various items such as: Claims under the policy deductible (which is VERY large), personal property of a unit owner, and general liability coverage for any owner or resident’s personal acts arising out of negligence or misuse of any individual unit. Resident owners or renters should purchase a Homeowner’s policy to cover their personal effects such as clothing, furniture and draperies, as well as other items that may not be covered by the Master Policy. Non-resident owners renting their units should purchase a policy specifically designed for rental property (sometimes referred to as “Fire and Dwelling Insurance”). It is also a good idea to have the policy written to coordinate with the Marlborough Master Insurance Policy. Your insurance agent should be able to help you with this. Information on the Master Policy and a certification letter may be obtained fromChris Miller at United Insurance Agency in Maine
Where do I send my condo fee payment?
Please remember that all payments are due on the first of each month and checks should be made payable to Marlborough Condo Association. Always remember to reference your unit’s account number on your payment. Billing and Payments for the Marlborough are managed by Foreside Real Estate Management. There are three ways in which owners can pay their monthly dues.
1. AppFolio Online Portal
If desired Foreside will email you an invitation to the online portal. Once you sign up you will be able to make one-time payments or set up automatic payments. Payments can be made using a credit/debit card or be withdrawn directly from your bank account (ACH).
*** We encourage all owners to sign up for the online portal even if you choose not to use it for payments as this is the best way to access your current statement and any other building documents. ***
2. US Mail/ Lockbox
If you would like to continue paying by check, Foreside will provide you with a coupon book.
Write a check payable to the Marlborough Condo Association and mail it along with your payment coupon to the address listed on the coupon. Important: Write your homeowner account number – as it appears on the coupon – on the check.
***If you would like to continue paying by check, please let us know ASAP so that Foreside can provide you with a coupon book***
3. Your Bank’s Online Bill-Pay
If you would rather have your bank send the check directly, you can set up your community association as a payee with your bank’s online banking bill-pay. Please complete your bill-pay setup exactly as follows:
Payee: Marlborough Condo Association
Address 1: Foreside Real Estate Management
Address 2: P.O. Box 531272
City: Atlanta
State: GA
Zip: 30353-1272
Account Number/Reference Number: Your Homeowner Account Number as provided by Foreside
Who can I contact if I have a question about my account balance or if my monthly condo fee was received?
If you have any questions about your account or payments, you can call Foreside directly at 207-775-2325, dial extension #3 for Accounting, and follow the prompts to get an accounting representative.
What do my monthly condo fees pay for?
Your monthly dues are used to pay for things like property insurance, gas, heat, hot water, cleaning, landscaping, snow removal, maintenance, and future projects. The Association actively invests any excess funds in preparation for future rising costs and for any unexpected damages that may occur on the property.
What will happen if I stop paying my monthly condo fees?
The Association has many routes when a homeowner stops paying their dues including sending the homeowner to a collection agency, putting a lien on the property, and taking the homeowner to court. Regardless of what route is taken, all fees incurred by the Association in an attempt to collect the debt will be added to the outstanding balance. Click here to view a written copy of the Association’s monthly condo fee payment policy.
I am having problems with my neighbor. What do I do?
It is possible that you may, from time to time, have issues with a neighbor. Often these types of conflicts arise over noise issues due to thin walls, floors, or ceilings with inadequate insulation. It is important to realize some important issues in this regard. Choosing to live in a condominium located in an urban environment means that you should expect some level of noise and diversity in relation to bedtimes. More than likely, your neighbor is completely unaware of the noises within their unit that are causing you concern or annoyance. Just as neighbors in single family homes have come to realize, conflicts between neighbors are best dealt with in a friendly manner, neighbor to neighbor. Neither the Board nor the Property Management Company are the best ways to initially approach this problem. In light of this, if you have first approached your neighbor and were unable to reach a solution, the next step would be to communicate in writing with the management company, who will forward your correspondence to the Board for their review.
If you are witness to a homeowner or resident breaking Association rules, you can report the violation by mail. Please mail details outlining the violation to:
Marlborough Condominium Association
c/o 180 High St. #6
Portland, ME 04101
However, if you are witness to someone breaking the law or violating a City or County ordinance, you should call the Portland Police Department. Outside noise problems, fireworks, vandalism, and other crimes should also be reported to the police department.
How can I meet with the Board if I want to discuss something?
If you have something you’d like to discuss with the Board, you are welcome to send a letter to request a meeting.
Do I have to let the Board know if I’m putting my unit up for sale?
Yes, the Property Management Company for the Marlborough should be contacted by your attorney or your title company so that you can obtain Association documents you will need at your closing. You should also provide the new homeowner with copies of the Declaration, By Laws, and Rules. If you no longer have copies of these documents, you can send us a written request for an additional copy.
The power is out in my unit, but not in the hallways. Who do I contact?
First, locate the circuit breaker(s) for your unit and make sure they are in the ON position. Circuit breaker panels may be located in the back hallway utility closets or in the basement of the building. If the circuit breaker(s) are ON and you still have no power you should call Central Maine Power at 1 -877-740 9041. The electric company will turn off power if you failed to change the account into your name when you first moved in or if you have not paid your electric bill.
How do I get my name added to the intercom and mailing/email list?
Please download and complete the Owner/Tenant Information form (available here) and send a written request with the completed form to the address below including your first and last name, unit number, and preferred email address. If possible, also give the name of the person that has moved out so that they may be deleted from the directory. Email Us or mail requests to:
Marlborough Condominium Association
c/o 180 High St. #6
Portland, ME 04101
How do I order a front door key?
Front door keys are $10.00 and can be obtained by sending a written request to:
Marlborough Condominium Association
c/o 180 High St. #6
Portland, ME 04101
The Association will bill your unit account directly for key re-issues.
What do I do if I am locked out of my Unit?
The Marlborough encourages you to hide a spare key so that you can access your living unit in the event of a lockout. There is NO lockout system in place to service the Condominium. If you are locked out of your Unit, you will need to call a locksmith such as Lock Stock & Barrel at 207-773-2904.
What should I do if the elevator is broken?
Many times the elevator will not respond because the last rider did not completely close one or both of the elevator doors. When this happens, the safety interlock of the carriage will not allow the carriage to move until the doors are closed. You can often solve the problem yourself by finding the elevator and closing both the inner and outer door securely. You can prevent this from happening by making sure that both doors close completely upon exiting the elevator. Also, never attempt to open the elevator door until the carriage comes to a complete stop. Opening the carriage door too early can cause the elevator to become misaligned with the floor landing or even worse, become disabled. Keep in mind that the elevators were built in 1912 and cannot handle overloading or abuse. If an elevator does not respond even after re-closing the doors, report it by contacting Maine Properties, Inc.
Do the condo rules apply to me if I am a renter?
YES. Your landlord should provide you with a copy of the Marlborough Condo Rules & Regulations which all residents are required to follow. To request a copy of the Rules and Regulations, please send a written request to Maine Properties, Inc. Please remember, you are not living in an apartment complex; you are renting a unit in a condominium association. Your landlord is responsible for all of your actions as well as those of your guests and you will be subject to fines in accordance with the condominium’s Rules & Regulations and the terms of your lease.
Where is the laundry room?
There is a laundry room in the basement of the Marlborough. Laundry facilities are provided by the condo association for all residents and are for residents’ personal use only. Please be considerate of your neighbors by remembering that we all share the laundry facilities and it is our responsibility to help keep the facilities clean. If any of the machines are not working properly, please place a note on the machine and promptly notify management by contacting Maine Properties, Inc. Because the laundry room is shared among the 37 units in the building it is important to familiarize yourself with the Laundry Room Rules (available here).
Where are the recycling and trash receptacles?
Recycling and trash receptacles are located in the basement and are for resident use only. Upon exiting the elevator, you will see multiple recycling bins available for use. Trash bins are located to the right and down the hall upon exiting the elevator. We encourage recycling and ask that residents observe the recycling program for newspapers, cans, glass, and plastic as provided by the City of Portland.
All non-recyclable refuse must be securely tied in plastic bags and placed into trash bins located in the basement. Trash and/or recycling should never be left on the floor of the basement. Please do not overload the trash bins – lids are required to be kept closed. ALL cardboard is to be broken down and placed into the cardboard recycling bin. There are two notable exceptions to the recyclable items: Styrofoam and plastic grocery bags are not currently recycled by the city and should not be placed in with recycled items.
Where can I park my car?
The Marlborough does not offer parking; however, there are numerous local parking garages that offer monthly parking for a fee. On street parking is also available throughout the neighborhood. Resident stickers may be obtained for FREE at the Portland City Hall. For more information, please visit http://www.portlandmaine.gov/parking/parkingpermits.asp#residential or call 207-874-8443.