It is becoming ever increasingly common to find condominium association documents seeking to limit unit owners’ rights, in the attempt to restrict activity that could impact other unit owners’ quiet enjoyment of their units. A more common target of these restrictions is the unit owners’ right to rent their unit.
Dating back to 1975, Massachusetts case law has supported the administrative rights to restrict use and operation of common areas, in recognizing the c. 183A, Section 11 regulation on the conduct of individual units. The court’s decisions have even permitted “unreasonable” interference with the enjoyment of unit owners, so long as the pertinent restrictions are provided in the by-laws or master deed.
There is nothing present in Massachusetts law that prohibits a condominium from banning rentals. However, most condominium documents fall short of an outright ban on renting. Some require that the landlord simply register the names of each tenant and occupant with the board prior to occupancy. Other condominium documents that are commonly seen, allow rentals, but require that the tenant acknowledge receipt of the condo association’s rules and regulations. Sometimes, even, the lease is required to include the documents as part of the lease.
One of the issues that arises for the Association is that actions in the way of tenant-related matters must be brought by the party in interest, which technically is the unit owner. This potentially leaves the association in the untenable position of, more or less, being powerless when a tenant becomes an issue for another unit owner or the Association itself. Some master documents avoid this by granting the association the right to bring summary process directly against tenants. However, this scenario raises serious questions about the relationship between the unit owner / landlord and the association.
The above discussion emphasizes the importance of careful consideration and drafting of the master documents. There is an important balance that must be struck between unit marketability and protecting the association, its integrity, and ability to effectively function.