Massachusetts · statute · Mass. Gen. Laws ch. 183A · 26 active provisions
Section 1. As used in this chapter, the following words shall, unless the context otherwise requires, have the following meanings:— ''Building'', any building containing one or more units comprising a part of the condominium. ''By-laws'', the by-laws of the organization of unit owners. ''Common areas and facilities'' s…
Section 2. This chapter shall apply only when the owner of the land or the lessee of the land submits such owner's or lessee's interest in the land hereof by duly executing and recording a master deed with an assent by the lessor in the case of a leasehold condominium, containing a statement to the effect that the owne…
Section 3. Each unit together with its undivided interest in the common areas and facilities, whether or not such unit is built on owned or leased land shall constitute real estate, and may be the subject of demise, devise, gift, mortgage, ownership, possession, sale, trust, the laws of descent and distribution and all…
Section 4. Each unit owner shall be entitled to the exclusive ownership and possession of his unit, subject to the provisions of this section and of sections seventeen, eighteen and nineteen; provided, however, that:— (1) No unit shall be devoted to a use prohibited in the master deed or any lease which is submitted to…
Section 5. (a) Each unit owner shall be entitled to an undivided interest in the common areas and facilities in the percentage set forth in the master deed. Such percentage shall be in the approximate relation that the fair value of the unit on the date of the master deed bears to the then aggregate fair value of all t…
Section 6. (a) (i) Except as provided in paragraph (ii), all common expenses shall be assessed against all units either in accordance with their respective percentages of undivided interest in the common areas and facilities or, if stated in the master deed or an amendment thereto duly recorded in the approximate relat…
Section 7. No unit owner may exempt himself from liability for his contribution toward the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of the unit or otherwise; and no unit owner shall be entitled to an offset, deduction, or waiver of common expenses or…
Section 8. The master deed shall be recorded in the registry of deeds or the land registration office where the real estate is located and shall contain the following particulars:— (a) The statement required by section two. (b) A description of the land on which the building or buildings and improvements are located. (…
Section 8A. (a) The consent of every lessor of each lease which is submitted to the provisions of this chapter shall be recorded and shall provide: (1) the recording data for the lease or the notice thereof, and in the latter case, a statement of where the complete lease may be inspected; (2) the date on which the leas…
Section 9. Deeds of units shall include the following particulars:— (a) An indication that the deed relates to a condominium and is subject to the provisions of this chapter. If the condominium relates to a lease which is submitted to the provisions of this chapter, the name of the condominium shall contain the word ''…
Section 10. (a) Each unit owner shall have the same percentage interest in the corporation, trust or unincorporated association provided for in the master deed for the management and regulation of the condominium as his proportionate interest in the common areas and facilities. Such interest shall not be separated from…
Section 10A. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:— ''Association'', a condominium association, homeowners' association, community association, cooperative, trust or other nongovernmental entity with covenants, by-laws and admin…
Section 11. In addition to other provisions required or permitted by law, the by-laws of the organization of unit owners shall provide at all times for at least the following:— (a) The method of providing for the necessary work of maintenance, repair and replacement of the common areas and facilities and payments there…
Section 12. The by-laws may also provide:— (a) A method for determining the fair market value of the unit and of the condominium in cases arising under sections seventeen and eighteen by submitting the matter to arbitration by a board consisting of one member chosen by the dissenting unit owner, one member chosen by th…
Section 13. All claims involving the common areas and facilities shall be brought against the organization of unit owners, and all attachments and executions related to such claims shall be made only against common funds or property held by the organization of unit owners and not against the common areas and facilities…
Section 14. Each unit and its interest in the common areas and facilities shall be considered an individual parcel of real estate for the assessment and collection of real estate taxes but the common areas and facilities, the building and the condominium shall not be deemed to be a taxable parcel. Except as provided in…
Section 15. The subdivision control law shall not apply to the division of a building into units.
Section 16. The owners of any land may submit the land under this chapter by the recording in the registry of deeds of a master deed or, if the title to the land is registered under chapter 185, by filing the master deed under said chapter 185.
Section 17. (a) Rebuilding of the common areas and facilities made necessary by fire or other casualty loss shall be carried out in the manner set forth in the by-law provision dealing with the necessary work of maintenance, repair and replacement, using common funds, including the proceeds of any insurance, for that p…
Section 18. (a) If fifty per cent or more but less than seventy-five per cent of the unit owners agree to make an improvement to the common areas and facilities, the cost of such improvement shall be borne solely by the owners so agreeing. (b) Seventy-five per cent or more of the unit owners may agree to make an improv…
Section 19. (a) Seventy-five per cent of the unit owners, or such greater percentage as is stipulated in the by-laws, may remove all of a condominium or portion thereof from the provisions of this chapter by an instrument to that effect, duly recorded, provided that the holders of all liens upon any of the units affect…
Section 20. Notwithstanding any other provision of general or special law, a city or town may own a unit of a condominium under this chapter, participate in the organization of unit owners and be liable for its share of the common expenses of the condominium. Said city or town may either purchase a unit of a condominiu…
Section 21. If a condominium does not contain any unit which is designed for occupancy by only one family or household, or if the floor area of all those units which are designed for occupancy by only one family or household does not in the aggregate exceed ten percent of the floor area of all units in the condominium,…
Section 22. In the event of a foreclosure upon a condominium development, the lender taking over the project shall succeed to any obligations the developer has with the unit owners and to the tenants, except that the developers shall remain liable for any misrepresentation already made and for warranties on work done p…
Section 23. Where the master deed, declaration of trust or bylaws of a condominium submitted under this chapter requires the consent of mortgagees prior to amending said deed, trust or bylaws, consent shall be deemed given if the following conditions are satisfied: (i) written notice of the proposed amendment to the ma…