FILED ON: 2/6/2018

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4236

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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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 2016 Official Edition, is hereby amended by inserting after the words “section thirty-nine A of chapter seven”, in line 4, the following words:- or 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 or neglect in the design, planning, construction, or general administration of an improvement to real property of a condominium, as defined in chapter 183A, 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, as defined herein below; provided, however, that in no event shall actions be commenced more than six years after the later of the date 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 beneficial interest of the condominium.  The period of declarant control shall mean the period prior to the declarant control termination date.

SECTION 3.  Notwithstanding any special or general law to the contrary, 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.