SENATE DOCKET, NO. 2042        FILED ON: 1/16/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 667

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act Establishing a Condominium Unit Owner Bill of Rights and Responsibilities ..

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 is hereby amended by inserting  the following definitions: “Alternative Dispute Resolution,” a confidential process in which a neutral person assists disputing parties in identifying and discussing issues of concern, exploring various solutions and developing a settlement that is mutually acceptable to them.

“Association,” organization of unit owners, comprised of all unit owners within the condominium.

“Condominium Documents” all records required by  M.G.L. 183A, Section 10(c) to be maintained by the organization of unit owners.

“Governing Body,” a group of elected trustees or managing board elected by the Association responsible for making and enforcing rules, or the entity performing the duties of the elected trustees or managing board.

SECTION 2. Chapter 183A of the General Laws is hereby amended by inserting after Section 22 the following 2 sections:

Section 23. The Office of Consumer Affairs shall promulgate regulations requiring the distribution of information prospective condominium unit purchasers shall receive prior to submitting an offer to purchase a condominium unit. Information shall be set forth in a clear and conspicuous manner and shall include, but not be limited to, the following:

The rights of unit owners and prospective purchasers to access Condominium Documents;

(b) Processes for changes in rules, regulations, dues, fees, fines, and special assessments within individual Associations;

The rights of unit owners to participate in the governing of Associations;

(d) The responsibilities of unit owners for paying dues, fees, fines, and special assessments issued by Associations and associated penalties for failure to pay;

(e) Rights and responsibilities of unit owners regarding the payment of legal fees in disputes between unit owners and individual Associations; and

(f)The rights of unit owners to request alternative dispute resolution (ADR) in disputes between unit owners and Associations.  

Section 23A. A prospective purchaser shall receive the information required by the Office of Consumer Affairs prior to or upon submitting an offer to purchase a condominium unit. The prospective purchaser may rescind said offer within five days of receiving the information required by the Office of Consumer Affairs. A purchase and sale agreement shall not be binding if the prospective purchaser has not been delivered the documents required by the Office of Consumer Affairs.