Legal Question in Real Estate Law in Massachusetts

I own a condo. One of 6 is vacant(foreclosed and bank owned) and waiting to be purchased by another condo owner/association member. The closing has been put off by the bank for over a year. Meanwhile it is being rented out and rent is being collected. Is this legal? Can the association collect rent on the unit while waiting for a pending sale? Presently the bank is paying all condo fees and special assessments.


Asked on 9/18/09, 8:55 pm

1 Answer from Attorneys

The Bank is the owner of the Condo unit. Unless prohibited under the Master Deed prohibits it, the Bank can rent the Condo unit. Since the bank is paying its condo fees and special assessments, it can do what it wants.

Unless the condo association has permission to rent the unit from the bank, it has no right to rent the unit.

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Answered on 9/23/09, 9:11 pm


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