Legal Question in Landlord & Tenant Law in Massachusetts

Re: Definition of subletting

Subletting means some one is renting a unit to someone else who has rented a unit to someone. If you mean that an owner cannot rent a unit, that is a different issue.

You need to look at the association rules with respect to visitors and family. If they are not violating the number of people permitted in the unit under the condo rules.

The association can make reasonable limitations on visitors and family living in a condo unit with an owner. However those regulations need to be reasonable.

Re: Definition of subletting

I cannot see how the Condo Association can force you to evict a guest who is living there at your expense, so long as the guest is not violating any reasonable regulations or any laws regarding minimal space for each person residing therein. If the guest disobeys reasonable regulations or becomes a nuisance, the association would be right in seeking to force you to control or evict your guest.

I am also unclear as to how it could be legal to refuse to allow someone to rent out a condominium, or any other residential unit, as that seems to be a reasonable activity in some circumstances. If you buy a new home, for example, and can't sell the condo at a fair price, it makes sense to hold it as rental property until the market improves. However, I'm sure that the lawyer who wrote it had some support for the position -- and you should have considered this when buying the unit.