Condo Association Rules For Renting In Massachusetts
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FAQ
Condo associations do have the right to ban rentals. Many want to avoid short-term situations, but some may opt to ban all rentals. This rule can be challenged by members of the association, but you will need the majority of members to offer their support.
A inium association (COA) does have authority to get a court order requiring a unit owner to evict a tenant. Whether or not the COA would be successful under your facts and circumstances is questionable.
Texas has no general restrictions on HOA rentals in both inium and homeowners associations. Therefore, if an HOA wants to ban rentals, they must include it in the governing documents — specifically, the Declaration of Covenants, Conditions, and Restrictions (CC&Rs).
Yes, condo associations in Florida have the authority to regulate short-term rentals, but the process is not always straightforward. Associations can amend their governing documents to impose restrictions or prohibitions on short-term rentals, but any such amendment must follow the proper legal procedures.
In this specific case, the answer is no— HOAs cannot evict tenants in any scenario, including eviction for not paying the dues or fees. Once the homeowner rents their property to someone else, they become responsible for the tenant's actions, including those of violating rules and regulations.
While you can propose rule changes through proper channels, there's no legal way to simply ignore or “get around” the HOA's covenants, conditions, and restrictions (CC&Rs) that you agreed to when purchasing in the community.
What Are My Rights as a Condo Owner? As a condo owner, you have the right to use your unit as provided in the master deed – if it's a residential inium unit – in a way that allows you to maintain a reasonable standard of living as required by Massachusetts health, safety and building laws.
Key Changes and Updates to Massachusetts Eviction Laws Increased notice periods: One significant change is the extension of notice periods for evictions. The new law requires landlords to provide tenants with a longer notice in cases of nonpayment of rent or lease violations.
This section provides that all unit owners own an undivided interest in the common areas. The inium form of ownership combines title in specific units with an undivided interest—with other owners—in the common areas.
