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Is there a law in Massachusetts granting the owner of the unit the opportunity to be heard?

Boston, MA |

Is there a law in Massachusetts that requires the Board of Trustees of the Condo Association to give the owner of the unit the opportunity to be heard BEFORE levying the fine? Is there a law saying that the owner of the unit is entitled to the due process BEFORE the fines are levied?

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Attorney answers 2

Posted

All condo law in the state of MA is governed by M.G.L. ch. 183A (https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183A). However I would advise that you look to your condo docs for the rules and regs, bylaws and any other information surrounding the process related to your particular condo association. If you are unable to determine your answer, I would advise you take your docs to an attorney to review for you. Good luck.

Kati M. Amarantes

Posted

A condominium association may assess a fine or penalty only in accordance with its By-Laws/Rules or Regulations. There is nothing in the condominium statute (MGL 183A) that requires due process before a fine is levied. Most associations that I have seen will warn the unit owner to correct the violation before imposing a fine, but they are not required to do so unless the By-Laws say so.

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