SENATE DOCKET, NO. 610        FILED ON: 1/16/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 726

The Commonwealth of Massachusetts

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PRESENTED BY:

James B. Eldridge

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to construction defect claims by condominium owners.

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PETITION OF:

SENATE DOCKET, NO. 610        FILED ON: 1/16/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 726

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to construction defect claims by condominium owners.

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 2B of Chapter 260 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended in line 4 by inserting after the words “section thirty-nine A of chapter seven” the following words:- and of a condominium as defined in chapter 183A

SECTION 2.  Said section 2B of said chapter 260, as so appearing, is hereby further amended by inserting at the end thereof the following paragraph:-

Actions of tort for damages arising out of any deficiency, as such term is used and understood herein above, in the design, planning, construction, or general administration of an improvement, as such terms are used and understood herein above, to a condominium, as defined in chapter 183A, including any deficiency in the condition of the common area at the time the Declarant, as defined in said chapter 183A, records a master deed, shall be commenced only within three years next after the cause of action accrues, unless the Declarant shall remain in control of the organization of unit owners at the time the cause of action would otherwise accrue, in which case the cause of action shall not accrue prior to the Declarant Control Termination Date; provided, however, that in no event shall actions be commenced more than six years after the later of the dates of: (1) the Declarant Control Termination Date; (2) the opening of the improvement to use; or (3) substantial completion of all phases of the condominium or expiration of the phasing right (whichever is earlier) and the taking of possession for occupancy by the owner.  For purposes of this paragraph only, “Declarant Control Termination Date” shall mean the later of the dates of: (a) when the managing board of the Organization of unit owners is comprised of a majority of unit owners other than the Declarant or Declarant’s appointees; or (b) when the Declarant or any entity controlled by the Declarant shall own or control less than twenty-five per cent of the total units at the condominium.

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 amendments were recorded before, on or after the effective date of this act.