What can I do if there were amendments made to the master deed of my condo complex without my knowledge?

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What can I do if there were amendments made to the master deed of my condo complex without my knowledge?

Before I purchased my condo I asked to see all condo documents before signing any papers. I received the master deed, but not the amendment that says I can not rent. If I had known this I would have not bought the property. I cannot sell but would like to rent. Do I have any options?

Asked on October 5, 2011 under Real Estate Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The problem that you mention is that even though you may not have received some document of record precluding your ability to rent out the condominium that you bought, if you received a preliminary report before close of escrow and there is reference as to the rent restriction in the preliminary report before you closed escrow, you are deemed to be on constructive notice of this restriction.

In all states in this country, constructive notice of some item is deemed actual knowledge as a matter of law. In essence, due to the recording of this document restricting your ability to rent the unit you bought, and assuming it showed up in the preliminary report you received before taking legal title, you are deemed to have been on actual notice of your inability to rent the property.


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