Can I be liable for another condo trustee renting an illegal space?

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Can I be liable for another condo trustee renting an illegal space?

I own a unit within a two unit condo trust. The other owner currently rents out
his condo as two separate apartments, one of which is in the basement, not
legally zoned, and is paid for in cash. Since the apartments are in no way
encroaching on my unit there are no real negative impacts to me currently. I just
want to know if issues arise with the illegal apartment, could I or the condo
trust as a whole be held liable or is all the risk with the other owner.

Asked on June 10, 2019 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

The trust can be held liable, since the apartments belong to the trust--the trust, as the unit owner, can be held liable or responsible for an illegal rentals or other violations. The trustee who is personally doing this can also potentially be held liable due to his/her personal involvement. Other trustees not personally involved would not be personally liable.


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