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Do new condo association rules get recorded with registry of deeds?

Posted on Wed, Jan 19, 2011 @ 07:24 AM
  
  
  
  
In Massachusetts does the elected Board of Managers have to record updated Rules and Regulations with the State of Massachusetts Registry of Deeds? In the Master Deed there is no direction to record changes just that "from time to time the Board may add, or delete, rules and regulations". In December 2003 our 32 unit condo building the Board of Managers added the regulation of the entire property being a non-smoking property after a survey vote of 30 units wanted the property to be designated as such. Should we record this at registry? Thank you for any advise.

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COMMENTS

In Conn. Association by law laws who should be served for service, must be recorded in their town clerks office.

posted @ Wednesday, January 19, 2011 8:51 AM by bob gross


I would have to say the odds are very good that any updates should be recorded with the Registry of deeds.  
 
If you want to be 100% certain then look up the phone number and give them a call.

posted @ Wednesday, January 19, 2011 9:36 AM by victor


In most states, only legal instruments are recorded. This would include the Deed/Master Deed/Declaration and the Bylaws.  
 
Rules and regulations may be covered by a state's condo act as to procedures for adoption. These are not normally considered legal instruments and therefore are not recorded. 
 

posted @ Wednesday, January 19, 2011 10:16 AM by Nancy Jacobsen


It would have had to been recorded at the correct county registry of deeds not at the town clerk's office. It is now stale and would have to be re-executed and may also not be enforceable. It was not done according to Mass. Law

posted @ Wednesday, January 19, 2011 3:45 PM by condo hater


IMO, if rules and regs are required to be recorded (which I doubt) I think that would be stated in the declaration where it is stated that the board has the authority to adopt rules and regs. CCRs are always required to be recorded and some states also require the bylaws to be recorded. I've never heard of rules and regs being required to be recorded but that, of course,does not mean it is not required by a particular state.If in doubt you may try contacting the Sec of State's office and asking the question.

posted @ Wednesday, January 19, 2011 5:39 PM by mary


I can tell you that MA law requires ammendments be recorded at the appropriate registry of deeds. I have practiced law in this state for over 20 years. I am not a real estate attorney but the need to record is basic.  
 
 
 
That is the problem of individual owners or boards doing things without competent legal counsel. It creates huge problems

posted @ Wednesday, January 19, 2011 6:03 PM by condo hater


I live in Illinois. Our Board is trying to change portions of our by laws without a vote from the owners, and they claim they do not have to be recorded after the changes. I say they must have a vote and they do have to be recorded. I think they must also have a lawyer write up the changes. Any comments?

posted @ Thursday, January 20, 2011 8:08 AM by NA


I am on the Board of a 24 unit complex. Every year, after annual election, I submit names to our attorney, he prepares doc, we sign at notary, attorney registers us with Registry of Deeds of the county you live in. You may then go online and check records(public records) to verify it has been recorded. There is a book number/page number listed. The whole process costs $175.

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Under Massachusetts General Law 183A rules and regulations must be on file if they are rules that your going to be fined over

posted @ Tuesday, March 19, 2013 10:02 AM by Ray


I just found the law on this. Sorry for the second post. 
 
(Massachusetts General Laws Chapter 183A, Section 10) says "To impose charges or to charge interest for the late payment of common expense assessments or other charges, and to levy reasonable fines for violations of the master deed, trust, by-laws, restrictions, rules or regulations of the organization of unit owners" The only rules and regulations that are on file at the Registry Of Deeds

posted @ Tuesday, March 19, 2013 10:13 AM by Ray


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