Do I have to tell my condo association if I’m married?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do I have to tell my condo association if I’m married?

I’m living in a 4 unit condo. One of the units is asking if I am married to my partner. Is this legal? Do I have to disclose that information? Also, how is a “unit owner” defined?

Asked on May 27, 2011 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First of all, you say "one of the units" is asking. If it's just another resident asking for his or her own curiousity, they are free to ask--anyone, as a private citizen, may ask another person anything they like. You are free to answer, ignore them, etc.

If it's the actual association, they may also ask...but they can't compel you to answer unless there is something in the HOA agreement or a similar document which requires you to respond, such as some term or condition there which obligates residents to identify any one living with them. (There are valid reasons for such a requirement, by the way: for example, a spouse has certain rights over property which a non-spouse does not, so there may be a legitimate reason for them to have that information.) In the absence of some requirement, such as in a HOA agreement, for you to answer, they can ask and you can ignore them.

As for how a "unit owner" is defined--if there's any definition in any agreements govering the condo, those definition(s) will control. Otherwise, as a general matter, an "owner" has an ownership interest--he or she literally owns at least part of the unit. It's basically the commonsense, everyday definition of owner, unless there is some specific definition to the contrary.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption