Many condo buildings are governed by Homeowners Association (HOA) rules, which often restrict renting out units. Some HOAs limit the number of units that can be rented or may have specific requirements for tenants. In addition to these restrictions, HOA fees can add up, potentially eating into your rental income.
The bylaws go into detail about individual roles, terms, how to elect the President, and may list board powers one by one. The Declarations define the use and occupancy rules of the units and common areas. Condo bylaws outline the remedies for breach of these rules.
Even when you DO have authorization to lease your unit, the process can be long and grueling. Most condos will require management approval for all tenants, which means lots of additional application paperwork for both you and your prospective tenants.
Massachusetts Recorded Document Search - Visit your county recorder's office to find HOA documents, like CC&Rs, Amendments, Bylaws, HOA Notices, Subdivision Maps, Plats, Recorded Land Surveys, Deeds, Deeds of Trust, Liens, and Judgments. Search under the subdivision or community name.
Massachusetts Recorded Document Search - Visit your county recorder's office to find HOA documents, like CC&Rs, Amendments, Bylaws, HOA Notices, Subdivision Maps, Plats, Recorded Land Surveys, Deeds, Deeds of Trust, Liens, and Judgments. Search under the subdivision or community name.
The state administrative code requires the co-owners' association to maintain a reserve fund which, at a minimum, shall be equal to 10% of the association's current annual budget on a noncumulative basis. The funds shall only be used for major repairs and replacement of common elements.
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.
Most iniums in Massachusetts are created as trusts, so the unit owners will elect a board of trustees to enforce the association's rules. The trustees are generally also owners in the inium or development. An association's primary responsibility is to serve its members.
This can be particularly advantageous if you are concerned about protecting your home for your family in the event of financial difficulties. If you anticipate needing long-term care and wish to preserve eligibility for Medicaid (MassHealth in Massachusetts), placing your home in a trust may be beneficial.
Massachusetts Recorded Document Search - Visit your county recorder's office to find HOA documents, like CC&Rs, Amendments, Bylaws, HOA Notices, Subdivision Maps, Plats, Recorded Land Surveys, Deeds, Deeds of Trust, Liens, and Judgments. Search under the subdivision or community name.