Condominiums are the perfect home choice for people who want to live in a community with amenities, such as a swimming pool, without traditional property ownership responsibilities such as home repairs or lawn care. Many condos are in highly desirable areas and are generally priced lower than single-family houses in the same neighborhood. Condominium living may be a great option for retirees, professionals, or those looking for the investment opportunity of renting out a condo unit.
If you own a condominium, you probably already know the benefits of being a member of the condominium community. However, sometimes disputes arise as a result of sharing common areas with others. You need to know your legal rights as a condo owner to be in a position to properly handle a condominium dispute.
Are condo bylaws legally binding? What are the legal rights of condo owners? Learn all the important details below.
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What Is a Condominium Owners Association?
When you buy a condo, you become a member of a condominium owners association (COA) — an entity that all condo unit owners at your property are a part of. As a condo owner and member of your COA , you will be required to pay a monthly association fee. A unit owner’s failure to pay common fees has severe consequences under Massachusetts condo laws. Each condo unit owner is responsible for paying a share of expenses concerning the common areas. The amount a condo unit owner is responsible for paying is based upon the percentage of square footage that their unit occupies .
Thus, if a condo unit represents 10% of the square footage at the condominium property, its owner is responsible for 10% of the common area expenses. Examples of common area expenses include pool maintenance and roof leaks. F unds from the COA reserve would go toward those costs.
What Are Condominium Rules and Bylaws?
When you become a condominium owner, you agree to follow the condominium rules . These rules may be labeled as bylaws, rules and regulations, or as covenants, conditions, and restrictions (CC&Rs).
To ensure members of the COA make fair decisions and follow the condo rules, they must also follow condo association bylaws , which are rules regulating the members of the association. Bylaws should include the following :
- The method of payment for necessary work of maintenance, repairs, and replacements of common areas .
- The method of collecting COA membership fees.
- The procedure for hiring personnel .
- The process for adopting and amending administrative rules and regulations governing the common areas .
- Requirements and restrictions for maintaining and using units and shared areas as not set forth by the master deed to prevent unreasonable interference .
Legal rights for condo owners and condo associations can be confusing , sometimes leading to disputes . How much freedom does a condominium owner have? What power does a COA have for the benefit of the whole condominium community? What are your rights as a condo owner? This guide will explain the rights and responsibilities of condo owners and condo association members, offering insights for avoiding and addressing disputes.
Are Condo Bylaws Legally Binding?
Yes, condo bylaws can be legally binding. Sometimes, it takes legal measures to ensure condominium rules are followed for the good of the whole community. The condo association , sometimes called a “condo board” or “condo trust , ” may enforce rules and bylaws by placing liens on condo units if necessary .
A lien means a creditor — in this case, the COA — has the legal right to another’s property until a debt or duty has been satisfied . In other words, if a condo owner fails to pay association fees, the condominium association may sell the property through a foreclosure and evict the condo unit owner.
Liens can be used to enforce both restrictive covenants — or restrictions on personal behavior — and affirmative covenants — or financial obligations. In the Commonwealth of Massachusetts, a condominium association has the power to impose fines on condominium owners who fail to pay the condo fees and special assessments, and the right to use a lien to enforce payments of these charges . Any conduct that generates fines can also result in a lien on the condo unit if the fine is left unpaid. This means condo associations use liens when:
- An owner fails to pay any common expenses when they are due , or
- An owner fails to pay a fine issued because they have disobeyed the rules of the trust, rules and regulations, bylaws, or master deed.
The right to use a lien allows associations to remove consistently delinquent unit owners from a condominium community . However, although a condominium association has the right to use a lien, the lien must ultimately be enforced through the court system . I f a condo association decides to use a lien as enforcement and foreclosure to collect payment, it must follow all statutory requirements, such as giving a condo owner proper notice before taking foreclosure action. Then , the amount of the lien and the authority to foreclose on the lien must be granted by a Massachusetts court of law. Once the court determines that a unit may be sold, a public auction will proceed.
Sometimes , a lien is not necessary, and a condominium association can take steps to enforce Massachusetts condo laws in other ways. For example, associations have the right to:
- Estimate late charges to enforce an owner’s obligation to pay on time.
- Impose fines for violating the master deed, bylaws, or rules and regulations .
- Contact unit owners and seek direct payment of rent .
- Enforce condo rules governing the maintenance of shared common areas .
However, condo a ssociations may not :
- Charge unreasonable interest rates .
- Impose fines and fees for unreasonable rules that do not serve a legitimate purpose .
- Impose fines or fees for rules that are not stated in the master deed, declaration of trust, or the condo association’s bylaws .
Rule enforcement can get complicated for both the association and condominium owners. It is best for all involved to contact a condominium attorney who can advise on the correct steps to enforce the condo rules while considering the rights of all parties .
Condominium Law Rights and Responsibilities
According to Massachusetts condo law, each condominium unit owner is entitled to the exclusive ownership and possession of their unit. Owning a condominium is like owning a home. The greatest difference is that you share common areas, often share a “structure” with our unit owners when more than one unit is located within the same building , and must follow the rules of the condominium. Common areas are those areas collectively owned by unit owners but under the control of the condominium association. Common areas include parking lots, swimming pool areas, and the surrounding land. This difference is where most issues arise.
Both condominium unit owners and the condo association have rights. For everyone to live in peace, condo rules need to be in place and enforced. It is critical for all unit members to understand their rights at all times. They must also know what to expect when rules are broken, and what the condo association is allowed to do to maintain the proper operation of the condominium.
1. Condo Owner Rights and Responsibilities
If you are a unit owner, your condominium is your home, and you can live as you like within your unit or rent it out as a landlord . However, as a condominium owner, you also own a portion of common area property, along with other unit owners. When you agree to own a condominium, you give up some freedom and even privacy. Unlike a regular single-family home, which is generally situated upon its own lot of land, with a condominium, you do not have the freedom to do as you wish with the exterior of the condo property.
Every condominium community can set their own rules. Typically, the unit owner has the right to:
- Hold exclusive ownership and possession of their unit .
- Rent or lease the unit .
- Bring issues to the attention of the association .
- Expect the association to fulfill its duties.
- Receive proper notice before any foreclosure action .
- Vote as a member of the association .
- P rotest condo association decisions and action .
- Receive notice of changes made to any condo rules or regulations .
S ome of the above condo owner rights may vary according to the master deed and declaration of trust documents. Also, remember that all claims involving common areas must be brought against the association. If you are uncertain of your rights as a condominium unit owner in Massachusetts, contact the condo attorneys at Calabrese Law Associates for help.
A s a unit owner and part owner of common areas, you also have responsibilities. Your first responsibility is to understand the master deed, bylaws, and rules and regulations. You will make better decisions as an associate member as a result. Other important responsibilities include the following:
- Pay your share of condominium expenses.
- Fulfill your obligations as declared in the master deed and trust documents.
- Comply with the condo bylaws and administrative rules, regulations, and restrictions on the use of the unit contained either in the master deed or unit deed.
- Pay any expenses related to the selling of your unit resulting from a failure to make payments. These expenses may include advertising costs and auctioneer and attorney fees.
- Do not interfere with the health and happiness of other unit owners by acting unreasonably.
2. Condominium Association Rights and Responsibilities
Although the condominium association is composed of individual unit owners, the association as an entity has certain rights and responsibilities. In general, the purpose of a COA is to make sure all unit owners pay their fair share of expenses and abide by condo rules . To uphold fairness , the association has the right to:
- Enforce rules, regulations, and payments with a lien .
- Solicit payment for fines, fees, or rent .
- Foreclose a condo for failure to pay fines .
- Enter a unit during reasonable hours to maintain or repair any common area accessible from the unit .
- Enter a unit to make emergency repairs that prevent damage to other units or common areas .
- Remove an offending unit owner from the condominium community .
- Enforce covenants relating to owner behavior with a lien .
- Impose fines and costs on disobedient unit owners .
- Enforce a unit owner’s obligation to pay all fines, fees, court costs, attorney fees, late charges, costs of collections and enforcement, and other expenses related to unit owner obligations .
- Amend a master deed, trust, bylaws, rules, and regulations to provide additional solutions, protections, or rights subject to following proper consent processes .
It may seem like a COA has a lot of power , and it does. However, condo unit owners have the right to the proper notice of a change to the condominium bylaws . As a condo association, it might be best to seek the advice of an attorney before taking action against a unit owner or making changes to important documents.
The condominium association has some important responsibilities. The primary responsibilities include :
- Providing notice to the unit owner before a foreclosure action is initiated.
- Creating reasonable unit restrictions that are binding on unit owners .
- Adhering to condominium bylaws, the master deed, and rules and regulations.
- Using association fees and funds as intended.
- Setting reasonable interest rates, fines, fees, and other costs.
- Making decisions that benefit the condo community as a whole.
- Enforcing condo rules and bylaws equally.
FAQs on Enforcing Condominium Rules
Below are some of the frequently asked questions we receive on enforcing COA rules and regulations .
1. What Are My Rights as a Condo Owner?
As a condo owner, you have the right to use your unit as provided in the master deed and in a way that allows you to maintain a reasonable standard of living as required by Massachusetts health, safety and building laws. Your legal rights as a condo owner also include:
- The right to protest.
- The right to take legal action against the COA .
- The right to adequate notice of board meetings.
- The right to access certain condominium association documents.
- The right to vote and run for a board position during elections.
2. What Is the Definition of Condominium Bylaws?
In general, condominium bylaws are used to outline the procedures and rules for how a COA operates . Condo association bylaws can also include the board’s responsibilities and duties, the number of board members, the frequency of the board meetings, and the length of a board member’s service term. Every condominium may use the bylaws in slightly different ways .
3. What Is a Condominium Trustee?
A trustee is a member of a trust that manages and operates a condominium property . T hey share the responsibility for handling the many aspects involved in a COA , including financial and maintenance requirements. A condo trustee is also required to hold meetings in which roles are elected, such as the role of president, treasurer, and secretary.
4. Can Bylaws Be Enforced?
Condo association bylaws can be enforced by the condominium association through formal proceedings , such as in court , or by a unit owner through an MRCP 23.1 derivative action on the association’s behalf. Review your COA ’s governing documents to identify how a dispute can be resolved and how bylaws may be enforced.
5. Can a Condo Owner Sue the Association?
You can sue the association if you believe you have been unfairly punished by your COA . If your COA believes you have violated its rules, you could be forced to comply or be fined. If your COA punishes you wrongfully , you have the right to file a lawsuit. Before you do so, consult a Massachusetts condominium law attorney who can help you evaluate your case according to condo bylaws and represent you if you go forward with it.
6. Do Condos Have Boards?
Condos have boards of elected officials that include a president, secretary, vice president, and treasurer. A condo board is in charge of the condo’s management and governance. Your condo board will establish policies for the condominium association and make major decisions.
7. How Much Power Does the COA Have?
Your COA has quite a bit of power. The association may be able to choose what plants you can grow, what color you can paint your house, and whether you can rent out your condo. Be sure to review the documents for your COA to determine what power lies with the COA and what decisions you can make without needing approval.
8. Can You Sue the COA for Not Enforcing Rules?
Some cases may arise in which you believe your COA is not enforcing the rules or maintaining common areas. In a COA’ s governing documents, the covenants, restrictions, and rules detail how you can and cannot use your property, such as how you are allowed to paint your driveway, when you need to get approval before adding on to your condo, and what kind of landscaping you can include. If you believe your COA is not enforcing the rules or performing its duties, you may choose to sue the COA .
Massachusetts law also allows lawsuits for selective enforcement of condo bylaws. Selective enforcement involves treating some condo owners differently than others when enforcing bylaws. This could mean:
- Arbitrary enforcement of bylaws against some owners and not others.
- Targeting certain residents or groups.
- Imposing unequal fines or penalties for similar violations.
- Responding to some complaints while ignoring similar complaints by other condo owners.
- Allowing personal biases to influence enforcement decisions.
If you’re a condo owner concerned about selective enforcement or nonenforcement of condo bylaws, document all the evidence you can gather and contact a condominium attorney to discuss whether a lawsuit is advisable.
9. What Is the Difference Between a Law and a Bylaw?
Laws are created by the state legislatures or the U.S. Congress, and enforced by the courts as well as the executive branches of the government. Bylaws are the terms of a contract-type document that is adopted by the creator of a condominium and/or the condominium association, which functions as a set of rules specific to that condominium only. Massachusetts law states that condominium unit owners take their units subject to the rules of the condominium, including its bylaws.
10. How Does the Condominium Owners Association Work?
A COA consists of property owners living in a specific condominium, and the COA maintains common areas and ensures building restrictions are enforced. A COA ’s obligations tend to include:
- Performing duties reasonably and fairly.
- Acting in the best interests of the community.
- Following the regulations and rules as listed in the governing documents.
The areas that may fall under a COA ’s responsibility as “common areas and facilities” for maintenance include community pools, elevators, structural building components, clubhouses, most exterior areas of the condominium property, central systems and utility service equipment, and parks. However, every condominium can define its common areas and facilities in different ways , so it’s important to consult with the condominium lawyers at Calabrese Law Associates if you need assistance in determining the rights and obligations of the unit owners versus the COA at your Massachusetts condominium property.
Why Trust Us?
At Calabrese Law Associates, we have extensive experience providing legal counsel on Massachusetts condo laws , bylaws, trust documents, and condo owner rights. Our seasoned condo law attorneys combine legal expertise with practical experience supporting condo owners in the Greater Boston Area with industry-leading representation for condominium disputes and construction defects , real estate law , private nuisances and negotiation, litigation and trial representation, and administrative law.
Our track record of strong court advocacy and professional legal counsel on the complexities of Massachusetts condo bylaws has earned our firm consistent praise from clients throughout the Greater Boston Area. Our successful cases in this practice area have ranged from COA disputes and voter rights issues to the preparation of condominium master deeds. The attorneys at Calabrese Law Associates keep up with the latest developments in condo law and related areas to ensure up-to-date legal counsel.
Contact Calabrese Law Associates for Help With Condominium Disputes
Massachusetts condo law can be complex, especially as it relates to the unique rules and bylaws of each COA. It can be incredibly difficult to understand your condo owner rights and the rights of other condo owners. If you are a condominium unit owner or member of a condominium association and in the midst of a dispute, it is best to seek expert legal advice. A lot may be at stake, and the experienced condo attorneys at Calabrese Law Associates can help you make informed decisions and navigate your situation.
Calabrese Law Associates is on your side. We can help you resolve the most complex disputes, no matter how many parties are involved. You deserve to enjoy your condominium as a unit owner and association member. We want to help you gain an understanding of your condo owner rights, the condo rules, and how you can take charge of your situation and future. For more information or to speak with our dedicated condo attorneys, contact Calabrese Law Associates today.
While Calabrese Law Associates does offer legal help for landlord-tenant disputes, it is extremely rare that we take on these cases. Only about 1% of tenant-related cases and 10% of landlord-related cases will be considered by our law firm.
* This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.
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