Session Laws

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. Section 1 of chapter 183A of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the definition of "Leasehold condominium" the following definition:-

"Limited common areas and facilities", a portion of the common areas and facilities allocated by the master deed or any amendment thereto for the exclusive use of one or more but fewer than all of the units.

SECTION 2. Section 5 of chapter 183A of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) The percentage of the undivided interest of each unit owner in the common areas and facilities as expressed in the master deed shall not be altered without the consent of all unit owners whose percentage of the undivided interest is affected, expressed in an amended master deed duly recorded. The organization of unit owners shall have the power, as attorney in fact on behalf of all unit owners and their successors in title, to grant, modify or amend easements through or over the common areas and facilities and to accept easements benefiting the condominium or any portion thereof, including, without limitation, easements for public or private utility purposes, including cable television; provided, however, that at the time of creation of such easement and at the time of the modification or amendment of any such easement, such easement and any such modification and amendment shall not be inconsistent with the peaceful and lawful use and enjoyment of the condominium property by the owners thereof. Said organization shall further have the power to grant to any unit owner an easement for the exclusive use of any limited common area and facility, or a portion thereof. The actions of the organization of unit owners in granting such easements shall not require the joinder of any unit owner, except for an easement for the use of a limited common area and facility; such easement shall only be granted upon the written consent of the owner or owners of the unit or units directly abutting the limited common area and facility or whose unit or units are directly affected thereby and upon the payment by the unit owner to whom the easement is being granted of the reasonable costs of the preparation, execution and the recordation thereof. Except as expressly provided herein, the provisions hereof may not be varied by agreement and rights conferred hereby may not be waived. The percentage of the undivided interest in the common areas and facilities shall not be separated from the unit to which it appertains, and shall be deemed to be conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument.

The organization of unit owners, upon the affirmative vote of seventy-five percent of the holders of the undivided interest in the common areas and facilities, shall have the right to extend, for a specified period of time, the rights of the declarant to continue to exercise its development rights.

In the event of a conflict between this subsection and the master deed, or declaration of trust, or bylaws of any condominium submitted to the provisions of this chapter, the language hereof shall control.

SECTION 3. Subsection (c) of said section 5 of said chapter 183A, as so appearing, is hereby amended by inserting after the first sentence the following five sentences:- The use of limited common areas and facilities may be designated by the organization of unit owners in the same manner as set forth herein relative to the granting of easements; provided, however, that such designation shall take the form of an amendment to the master deed, executed by said organization and the unit owner or owners to whom the designation is made, upon the written consent of the owner or owners of the unit or units directly abutting the limited common area and facility or whose unit or units are directly affected thereby and upon the payment by the unit owner to whom the designation is being granted of the reasonable costs of the preparation, execution and the recordation thereof. Said amendment shall be recorded in the appropriate registry of deeds or land registration office in the names of the parties and the condominium. Nothing contained herein shall be construed to require the consent of one hundred percent of the beneficial interest and the mortgagees to the granting of an easement by the organization of unit owners, or the designation or allocation of limited common areas and facilities. Except as expressly provided herein, the provisions hereof may not be varied by agreement and rights conferred hereby may not be waived. In the event of a conflict between this section and the master deed, or declaration of trust, or bylaws of any condominium submitted to the provisions of this chapter, the language hereof shall control.

SECTION 4. Clause (ii) of subsection (a) of section 6 of said chapter 183A, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- Notwithstanding the provisions of clause (1), the organization of unit owners may assess the cost of maintaining, repairing or replacing a limited common area and facility, solely to the owner of the unit to which a limited common area and facility is appurtenant, allocated, or designated, and such assessment shall be enforceable as a common expense assessment under this chapter; in the alternative, the organization of unit owners may require the owner of the unit to which a limited common area and facility is appurtenant, allocated, or designated to maintain, repair, or replace such limited common area and facility without the intervention of the organization of unit owners.

SECTION 5. This act shall take effect on January first, nineteen hundred and ninety-six.