Legal Question in Real Estate Law in Massachusetts
Overly restrictive condominium rules
Recently, some crabby old women seized power at the condominium association where my children are tenants. Fines are threatened for, bike-riding, sledding, rollerblading, basically any healthy outdoor activity a child might choose. The property is perfect for such activities, and the only alternative is an extremely busy street out front. I'm confident that these restrictions extend to an unconstitutional level, but where lies my legal basis for opposing this outrage?
2 Answers from Attorneys
Re: Overly restrictive condominium rules
She should be stopped at a condo assoc. meeting. Such changes in rules generally require at least a majority of the owners to actively vote for them, to start with. Even if she has "seized power", she can't change the rules alone. Many times a change in rules requires 2/3 or more of the owners. Let me see some documents: the condo rules (as recorded with the deeds), and the proposed rule change.
There can be constitutional issues of various sorts. This could be seen as a way to discourge children in the community. It also verges upon a taking of property rights from the rightful owners without due process. But the rule is to start simple, at the roots, so to speak, and fight it there. Have your children go to the meetings if they are owners and oppose it.
Re: Overly restrictive condominium rules
I see that you're within Massachusetts, as am I.
Please contact me if the condo is in Eastern Mass. and I might be able to be of more help.