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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36227
Experience:  16 years real estate, Realtor. Landlord 26 years
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We recently purchased a condo in a new development in

Customer Question

We recently purchased a condo in a new development in Massachusetts. Currently the builder is the sole trustee and he has approved several units to allow patios to be installed at the owner's expense. He is citing that he has the authority to make such approvals prior to relinquishing power to a homeowner's association.
Several neighbors are saying this approval is questionable based on the condo documents and that when the association takes over they may be able to demand that the patio's be removed. Please advise.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Until the developer turns over control to the HOA, he has sole and exclusive control over the development and is the sole decisionmaker. So he can waive the rules for a homeowner if he chooses to do so.

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But the smart homeowner will get it in writing so they have that as an insurance policy in the event the HOA cries foul later tries to enforce what might technically be a violation of the written CCRs.

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thanks

Barrister

Customer: replied 8 months ago.
Thank you very much. This has been very helpful!
Expert:  Barrister replied 8 months ago.

You are very welcome. Happy to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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