Condo Media - October 2022 - 43

1
Rules and Regulations
Must be Consistent with
Provisions in the Governing
Documents or in the
Pertinent Statutes
The condominium documents consist
of the Master Deed, Declaration of
Trust, and the Rules and Regulations.
The Master Deed takes precedence over
the Declaration of Trust, which takes
priority over the Rules and Regulations.
The provisions of the Massachusetts
Condominium Act, as embodied in
Chapter 183A of the Massachusetts
General Laws, supersede the condominium
documents.
Typically, matters impacting the
use of the units must be set forth in the
Master Deed or Declaration of Trust.
For example, restricting the keeping
of a dog in a unit at the condominium
would impact the rights of unit owners'
use of their respective units, and this
should only be accomplished through
an amendment to the Master Deed or
Declaration of Trust.
2
Rules and Regulations are
Intended to Provide the
Provisions Related to the
Use of Common Area
The use of the common areas (and
limited common areas) is governed
by the Rules and Regulations of the
association. The condominium board
is empowered and authorized to adopt,
amend, and rescind the Rules and Regulations
of the condominium. There is
no requirement to obtain the consent
of unit owners. Thus, dogs running
loose in the common areas, putting rubbish
in the common areas, and parking
vehicles in the common areas can all be
addressed and controlled through the
adoption of Rules and Regulations.
Provided that the rules are reasonable
and related to a legitimate purpose,
they are generally enforceable.
Although not required by statute,
it is strongly recommended that Rules
and Regulations be recorded with the
If a rule is enforced unfairly or
a bad rule is enforced at all, it can
lead to stiff fines and penalties
against a condominium association.
Registry of Deeds to provide notice
to all owners and potential owners
about the rules and regulations by
which they are required to abide.
3
Ensure Rules and Regulations
Are Nondiscriminatory
Both in Content and
Implementation
The last four letters that a condominium
board wants to see is MCAD
(Massachusetts Commission Against
Discrimination). One of the surest
ways of having to deal with the
MCAD is to have a discriminatory
rule. For example, " No owner, occupant,
or guest shall allow minor
children to congregate in common
areas; no toys, carriages, bicycles,
wading pools, or the like shall be
stored outside the building. " Rules
that target specific categories of
people or things (e.g., race, religion,
sex, disability, familial status) are
considered discriminatory on their
face and can lead to fines and other
punishments, even when not being
enforced. The fact that the rules may
be in place out of general safety concerns
is no excuse. Generally, courts
have found that safety judgments are
best made by informed parents, not
condominium boards.
Boards should also be cautions of
discriminatory implementation of legitimate
rules. Inconsistent or selective
enforcement can open the door
to discrimination charges if there is
an appearance that a board punishes
a certain category of people while
letting violations slide for others.
4
Rules and Regulations
Should be Enforced
Uniformly, but Reasonably
Rules should be enforced
consistently. However, every action
does not necessarily require the
same reaction. Boards must consider
enforcement reasonably and be
willing to bend when the circumstances
dictate. A rule prohibiting
unit owners from parking in a certain
area may be temporarily waived
to allow an owner with a broken
leg to park closer to their unit.
There are also many incidences
where a friendly reminder accomplishes
more than a mandatory
fine. The circumstances matter, and
condominium boards must always
keep in mind that the primary goal
is to encourage compliance, not to
punish or collect revenue for the
condominium association.
Unit owners, overwhelmingly
and without question, tend to follow
the Rules and Regulations. Inevitably,
some owners will not and
will be remembered for the rules
they break. If the rules are implemented
properly, are non-discriminatory,
and enforced uniformly, the
unit owner will be remembered for
the large fines and fees they incurred
before complying with the rule.
n WILLIAM F. THOMPSON, ESQ.
IS A PARTNER IN THE LAW FIRM
MARCUS, ERRICO, EMMER &
BROOKS, P.C.
October 2022 CONDOMEDIA 43
Condo Media - October 2022

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