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The 191st General Court of the Commonwealth of Massachusetts


         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 5 of chapter 183A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-
         (c)  The common areas and facilities shall remain undivided and no unit owner or any other person shall bring an action for partition or division of any part thereof, except as provided in section 17, 18 or 19.  The grant, modification, amendment or designation of any easements or any limited common area and facility pursuant to clause (i) or (ii) of paragraph (2) of subsection (b) shall not require an amendment to the master deed or an amendment to the site plan or floor plan recorded with the master deed.  The organization of unit owners, acting by and through its governing body, may assess the reasonable costs of the preparation, execution and recordation of such grant of an easement, designation or allocation of limited common areas and facilities to the unit owner to whom such easement, designation or allocation is being granted.  This section shall not be construed to require the consent of 100 per cent of the beneficial interest and the mortgagees prior 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, this section shall not be varied by agreement and rights conferred thereby shall not be waived.  If there is a conflict between this section and the master deed, declaration of trust or bylaws of any condominium submitted under this chapter, then the language of this section shall control.  Any covenant or provision to the contrary shall be null and void.
         SECTION 2.  Said chapter 183A is hereby further amended by adding the following section:-
         Section 23.  Where the master deed, declaration of trust or bylaws of a condominium submitted under this chapter requires the consent of mortgagees prior to amending said deed, trust or bylaws, consent shall be deemed given if the following conditions are satisfied: (i) written notice of the proposed amendment to the master deed, declaration of trust or bylaws, was provided to each mortgagee who holds a first mortgage on a unit within the condominium; (ii) the governing body of the organization of unit owners provided the notice by first class mail and certified mail, return receipt requested; and (iii) the mortgagee fails to respond or object within 60 days of the date of mailing such notice.  In the event of any conflict between this section and the master deed, trust or bylaws or other governing documents of the condominium, this section shall control.
         SECTION 3.  This act shall apply to all master deeds, declaration of trusts, bylaws and any amendments thereto, without regard to whether such master deed, declaration of trust, bylaws, or amendment was recorded before, on or after the effective date of this act.

Approved, January 7, 2015.