Bill Text: MA S628 | 2009-2010 | 186th General Court | Introduced
Bill Title: For legislation relative to the determination of condominium common area interest
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 6/2 at 10:30 AM in Hearing Room A1 [S628 Detail]
Download: Massachusetts-2009-S628-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Cynthia Stone Creem
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
AN ACT RELATIVE TO THE DETERMINATION
OF
CONDOMINIUM COMMON AREA INTEREST.
_______________
PETITION OF:
|
Name: |
District/Address: |
|
Cynthia Stone Creem |
First Middlesex and Norfolk |
|
Patricia D. Jehlen |
Second Middlesex |
|
Kay Khan |
11th Middlesex |
|
Steven J. D'Amico |
4th Bristol |
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
AN ACT RELATIVE TO THE DETERMINATION OF CONDOMINIUM COMMON AREA
INTEREST.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Subsection (a) of Section 5 of Chapter 183A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting at the end of the second sentence, after “units”, the following new clause:—
,and may include determinations of whether and how to weigh a restriction relating to value imposed on one or more, but fewer than all, units by covenant, agreement or otherwise.
SECTION 2. Subparagraph (1) of subsection (b) of Section 5 of Chapter 183A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting at the end of the first sentence, after “therefrom” the following new clause:—
; and provided further, that readjustment of one or more unit’s percentage interest solely to reflect release or termination of a restriction previously imposed on the unit by covenant, agreement or otherwise that was a factor for reduction of that percentage interest, with proportionate adjustment only to each other unit’s percentage interest, if not otherwise provided for in the master deed, may be made by vote of 75 per cent or such other per centage of unit owners as is required to amend the master deed generally, whichever is less, and the consent of 51 per cent of the number of all mortgagees holding first mortgages on units within the condominium who have given notice of their desire to be notified as provided in subsection (5) of Section 4 is obtained, any such re-adjustment to be effective on the date the amendment is recorded in the appropriate registry of deeds or land registration office or such later date as may be stated in the amendment, provided that, in the case of re-adjustment following expiration of a term of years stated in the restriction, such re-adjustment shall be effective on such date as aforesaid or one year after termination of the restriction, whichever is later.
SECTION 3. Subsection (a)(i) of Section 6 of Chapter 183A of the General Laws is hereby amended by deleting the first sentence and inserting the following new first sentence in its place:—
Except as provided in clause (ii) herein, all common expenses must be assessed against all units either in accordance with their respective percentages of undivided interest in the common areas and facilities or, if stated in the master deed or an amendment thereto duly recorded in the approximate relation that the area of the unit bears to the aggregate area of all the units, which may take into account unit location, amenities in the unit, and limited common areas and facilities benefiting the unit; provided that such an amendment shall require the consent of all unit owners whose common expense assessment is materially affected.
