Legal Question in Real Estate Law in Massachusetts

Condominium Board

Can a condominium board of 3 people who was elected on June 6, 2000 enforce matters in effect prior to their being elected. We live in a new adult park of 91 individual

homes. Prior to 6/6/2000, we were not under "condo" rules and people

purchased fences, lawn ornaments, etc. We purchased a small gazebo. This board now has given us 30 days to get rid of it or fined $25/day.

We are the "first" to be made an

example of. At 72 yrs old with failing health, this is very stressful. Help!


Asked on 10/22/00, 10:49 am

1 Answer from Attorneys
Stuart Williams

Re: Condominium Board

You have a good legal argument against them doing this. However, I have to ask you how you know that you were not subject to rules when you installed it; that's pretty unusual. Unless you tell me that the rules were instituted and ratified by the condo owners after they were elected, I bet you're misinformed, and it was always against the rules.

Still, if the gazebo had been there awhile, you have still got some good legal claims and you can also have the issue put up to a vote of the whole association.

What town are you in? Would you like someone to help you further?

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Answered on 11/15/00, 1:52 pm


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