If I live in a condo and bought a portable spa for my patio of which I have exclusive use, can the association force me to remove it?

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If I live in a condo and bought a portable spa for my patio of which I have exclusive use, can the association force me to remove it?

Items, such as chairs and gas grills can be stored in these areas provided they are out of sight of all other unit owners. There are no rules governing portable spas in the condo rules and regulations.

Asked on August 18, 2012 under Real Estate Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not the portable spa that you purchased and placed at the rental that presumably is in a planned unit development is required to be removed per an edict by the HOA depends what is stated in the recorded covenants, conditions & restrictions as well as rules for the complex where you reside. If there is nothing prohibiting the spa where you are, then you should be allowed to have it remain where it is.

I suggest that you force the HOA to state with specificity some rule requiring you to remove the spa in writing.


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