Unlike many other states, Massachusetts does not regulate the timing of the transition from developer to unit owner control. Usually, however, the by-laws will provide for a “triggering event” that sets the time limit on the transition of control to a unit owner-controlled association. Quite often, the triggering event will be some combination of the amount of units sold and a specified period of time.
Because Massachusetts does not set a specific limitation on the nature of a triggering, or turnover, event, developers will often insert provisions in the Declaration of Trust that allow them to maintain control as long as possible. The courts have held that “[a]bsent overreaching or fraud by a developer,” there is “no strong public policy against interpreting [the Massachusetts Condominium Act] to permit the developer and unit owners to agree on the details of administration and management of the condominium . . . .”[i] The courts have also held that when no specific period of time for termination of developer control is provided in the condominium documents, the transitional time period is to be a “reasonable” one.
[i] Id at 326-28.
Annual Condo Conference & Expo Community Associations Institute New England Chapter Saturday, October 1, 2022 9:00 a.m. – 2:30 p.m. Marriott Hotel, Burlington, MA ——————————————————— Condominium boards and managers have questions… expo vendors and conference speakers will provide answers.