Do I have to follow “house rules”if theyare different from the original condo association documentss?

I’m trying to sell my condo and in the original condo documents that are on file with the state, certain types of pets are allowed. Later on the homeowners assoc. decided to create new “house rules”. One of those rules states that no pets are allowed. Are potential buyers bound to follow the “house rules” if they were never filed with the state?

Asked on September 3, 2011 under Real Estate Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question.

When one purchases a unit subject to recorded "covenants, conditions, & restrictions," the laws of all states in this country deem recorded documents constructive notice of what is in them and constructive notice equates to actual notice.

If one purchases a unit in a planned unit development subject to recorded "covenants, conditions & restrictions," and the recorded documents do not prohibit pets in the planned unit development, buyers who buy homes in the development would not be prohibited to have pets in their property just because there are unrecorded "house rules" approved by the homeowner's association.

Unrecorded rules like what you have stated do not bind new owners coming into the association and may not bind existing homeowners.

You should consult with an attorney experienced in planned unit developments.

Good luck.

 

 


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