Condo Q&A

Can amended rules allow for fines higher than those given in declaration of trust?

Written by CondoAssociation.com | Wed, Sep 2, 2015 @ 01:00 AM

Our Trustees recently ratified and recorded Amended Rules & Regulations. These new Rules include a violation fine structure which is inconsistent with the "not to exceed" fee for violations included in our Declaration of Trust.

These new rules & regulations were neither submitted to nor voted on by unit owners prior to recording. Does the new fine structure supersede the "not to exceed" fee stated in the Declaration of Trust? Is the new fine structure enforceable?

I am located in Massachusetts.