Legal Question in Real Estate Law in Massachusetts
Condo Bylaws Prohibiting Rentals
My fiancee recently moved in and we would like to rent her condo (in MA) since the market is awful for selling. Nothing in the documents she received at the time stipulated that rentals were prohibited, and the realtor we are working with told us she has rented units in the past in this same development.
Now the property management company is telling us that rentals are not allowed in the by-laws.My questions are: 1)If other people are renting their units, is this a precedent we can use? 2)Can we get around the issue by establishing the tenant as 'lease-to-own' with an out clause after a year, essentially allowing her to be a tenant under the auspices of leasing to own the unit?
1 Answer from Attorneys
Re: Condo Bylaws Prohibiting Rentals
First thing to do is to review the condominium documents concerning rentals. It is not unusual for the condo documents to require a six month or longer lease, and to require that a copy of the lease be provided to the management company and that any tenant has to adhere to the rules and regulations of the condominium.
If it is in there, then you will generally be required to adhere to the requirements. If the documents are silent, it is doubtful that the condo association could enforce such a restriction.
If you need a quick consult and or a quick letter to the management company/association, please feel free to contact my office. (We'd need to see the condo documents.)
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