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The 193rd General Court of the Commonwealth of Massachusetts

Section 23: Prior consent for amendment of deed, trust or bylaw

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.