Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediate regulate the development of condominiums on certain leased land, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The definition of "Common areas and facilities" in section 1 of chapter 183A of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out clause (4) and inserting in place thereof the following clause:-

(4) The land on which the building is located, or the lessee's interest in any lease of such land which is submitted to the provisions of this chapter.

SECTION 2. Said section 1 of said chapter 183A, as so appearing, is hereby further amended by striking out the definition of "Condominium" and inserting in place thereof the following definition:-

"Condominium", the land or the lessee's interest in any lease of such land which is submitted to the provisions of this chapter, the building or buildings, all other improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, which have been submitted to the provisions of this chapter.

SECTION 3. Said chapter 183A is hereby further amended by striking out section 2, as so appearing, and inserting in place thereof the following section:-

Section 2. This chapter shall apply only when the owner of the land, or the lessee of the land located within an area for which a land assembly and redevelopment plan has been established, submits the same to the provisions hereof by duly executing and recording a master deed or assignment of lease, with an assent by the lessor, containing a statement to the effect that the owner or lessee proposes to create a condominium to be governed by the provisions of this chapter; provided, however, that any parcel or building which is subject to such lease and is located within a land assembly area or is subject to a redevelopment plan shall have been either an abandoned building or parcel or a building or parcel designated for residential development; and provided, further, that the term of such lease shall be not less than sixty years. The provisions of this chapter shall not be deemed to preclude or regulate the creation or maintenance of other interests in real property not expressly declared by the owner or lessee to be subject hereto.

SECTION 4. Said chapter 183A is hereby further amended by striking out section 3, as so appearing, and inserting in place thereof the following section:-

Section 3. Each unit together with its undivided interest in the common areas and facilities, whether or not such unit is built on owned or leased land shall constitute real estate, and may be the subject of demise, devise, gift, mortgage, ownership, possession, sale, trust, the laws of descent and distribution and all other rights incidental to the holding of real estate as if it were sole and entirely independent of the other units in the condominium of which it forms a part.

SECTION 5. Section 4 of said chapter 183A, as so appearing, is hereby amended by striking out clause (1) and inserting in place thereof the following clause:-

(1) No unit shall be devoted to a use prohibited in the master deed or any lease which is submitted to the provisions of this chapter.

SECTION 6. Said section 4 of said chapter 183A, as so appearing, is hereby further amended by striking out clause (3) and inserting in place thereof the following clause:-

(3) Each unit owner shall comply with the by-laws and with any administrative rules and regulations adopted pursuant thereto, as either of the same may be amended from time to time, and with the lawful covenants, conditions and restrictions set forth in the master deed or in the deed to his unit and with each lease which is submitted to the provisions of this chapter.

SECTION 7. Section 8 of said chapter 183A, as so appearing, is hereby amended by adding the following clause:-

(j) The name of the lessor of each lease which is submitted to the provisions of this chapter and the recording data for each such lease or notice thereof.

SECTION 8. Said chapter 183A is hereby further amended by inserting after section 8 the following section:-

Section 8A. (a) The consent of every lessor of each lease which is submitted to the provisions of this chapter shall be recorded and shall provide:

(1) the recording data for the lease or the notice thereof, and in the latter case, a statement of where the complete lease may be inspector;

(2) the date on which the lease is scheduled to expire, including a provision in said lease requiring the lessor to give a twelve month written notice of said date of expiration to each unit owner;

(3) a legally sufficient description of the real estate subject to the lease;

(4) any right of the unit owners to redeem the reversion and the manner whereby those rights may be exercised, or a statement that they do not have those rights;

(5) any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights; and

(6) any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights.

(b) After the consent of a lessor is recorded, neither the lessor nor any successor in interest of the lessor may terminate the leasehold interest of a unit owner, who makes timely payment or tender of said timely payment by certified mail of such unit owner's share of the rent and otherwise complies with all covenants and conditions which, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest is not affected by failure of any other person to pay rent or fulfill any other covenant or condition.

(c) Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.

(d) If the expiration or termination of a lease reduces the number of units in a condominium, the common element interests, votes in the association, and common expense liabilities shall be reallocated among the remaining unit owners in proportion to their respective percentage interests. Reallocations shall be confirmed by a duly recorded amendment of the master deed.

(e) The rent and all other amounts payable under the lease shall be declared common expenses.

(f) Prior to the expiration of said lease, the lessor shall obtain three independent real estate appraisals of said parcel and shall offer the right to purchase said parcel for the average of the three appraisals to the organization of unit owners to purchase such parcel. In the event that the organization of unit owners chooses not to purchase such parcel, said organization may negotiate a renewal of said lease for a term of not less than sixty years.

SECTION 9. Paragraph (a) of section 9 of said chapter 183A, as so appearing, is hereby amended by adding the following sentence:- If the condominium relates to a lease which is submitted to the provisions of this chapter, the name of the condominium shall contain the word "Lease" or "Leasehold" and the deed or assignment or each unit shall indicate that the condominium relates to a lease.

SECTION 10. Section 13 of said chapter 183A, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- All claims involving the common areas and facilities shall be brought against the organization of unit owners, and all attachments and executions related to such claims shall be made only against common funds or property held by the organization of unit owners and not against the common areas and facilities themselves other than the leasehold of any lease included therein.