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Is there any Massachusetts law regarding condominium gated…

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Is there any Massachusetts law...
Is there any Massachusetts law regarding condominium gated community
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 5 minutes by:
6/29/2010
Real Estate Lawyer: Ray, Lawyer replied 8 years ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,863
Experience: Texas Attorney for 30 years dealing in real estate
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Can you give me more information about what you need law on?
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Customer reply replied 8 years ago
I understand there has been a ruling about allowing non-residents of a gated community access to the condominium roadways. Is it legal to restrict non-residents from use of the roads ?
Real Estate Lawyer: Ray, Lawyer replied 8 years ago
I found no statute or cases on this subject.It may be a condo rule or the association may have something.You should contact your condo board and ask about their rules on the subject.
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Customer reply replied 8 years ago
There is no point in asking the Board of Trustees - they have already ruled out access to this property by non-residents. My question is whether this can be done legally. The board doesn't know any more about Massachusetts law than I do. I am not sure if you are in Texas you can answer this question. There has been a ruling in the past several years in Massachusetts - I think it was in regard to trick or treaters at Halloween and the ruling was that residents could refuse to open their doors but could not disallow to use of the roadways. I am looking for very specific information. I am horrified that the Chairman of the Board has actually stopped people and demanded that they leave the property - obviously some of these people have been guests. Some with beards - others looked like Indians!
Real Estate Lawyer: Ray, Lawyer replied 8 years ago
I'll leave it for others..
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Customer reply replied 8 years ago
I am not sure what additional information you want. Iy is my understanding that there HAS been a judgement in Massachusetts regarding access to the road on a gated community condominium. I am asking if this is correct and if so what was the ruling.
Real Estate Lawyer: Lucy, Esq., Lawyer replied 8 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
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Satisfied Customers: 32,264
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Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

The Massachusetts Condominium Statute that talks about the power of the Trustees is G. L. c. 183A, section 10, but it doesn't mention gated communities.

I did some research for you, and, unfortunately, I wasn't able to find the case you were talking about. The problem, though, is not that not all of the land court, superior court, or district court cases are made available for searching online. If the Trustees will give you the name of the case (and tell you where it was decided), you can go to the courthouse and request a copy of the file. The documents are a matter of public record, so the clerk will give it to you.

I will say, though, that it seems unreasonable that the Trustees would be able to restrict access to the condominiums completely to residents only. What if one of the residents needed a baby-sitter? Are the rest of the residents required to do it? What about dog walkers, pet sitters, or even just friends? If there is a decision, I'd be interested in reading it, because I suspect the Trustees are interpreting it too broadly.

Good luck.
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Customer reply replied 8 years ago
This is really not helpful. You have suggested that the Trustees give me the name of the case and where it was decided. However, I am looking for information to contest this restriction of the Board They have no knowledge of what I am talking about. This is why I went on Just Answer. I was hoping you could help. The Board of Trustees are uselessI I need someone other than the Board to give me the name of the case I am referring to and where it was decided.
Real Estate Lawyer: Lucy, Esq., Lawyer replied 8 years ago
Unfortunately, not every case makes it into the online research systems. I did look for the case based on the information you provided, and I couldn't find it. I also looked for general cases about restricting access to condominiums, but none of the cases seemed to be helpful to your situation.

If you believe that the Trustees have adopted an unreasonable policy, you can go to land court and file a suit for a declaratory judgment that the policy is illegal and unenforceable. While the Trustees are empowered to make rules and regulations related to the use and enjoyment of the complex, they can't be arbitrary or unreasonable. For example, they can have a policy refusing to allow solicitors, but they can't refuse to allow owners to have guests, and they can't order all men with beards or people who appear to be Indian to leave the property.

If you're going to go that route, you'll want to find unit owners who have been directly affected by the policy.

Condominium law in Massachusetts is very pro-association, and very complicated. If you go to www.martindale.com, you should be able to find a lawyer.
Lucy, Esq.
Lucy, Esq., Lawyer
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