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If a condo unit is owned by a bank due to foreclosure, can it be rented out while vacant?

Springfield, MA |

I own a condo unit in a building of 6 units. I am a member of the condo assoc with 3 other members. One unit went into foreclosure and is bank owned and was vacant. A condo owner is renting out the unit while having been in the process of buying the unit. The closing has not taken place and it's been well over a year. The bank has been paying all condo fees and special assessments we have had thus far. Is this legal? Should/can the association rent out the unit while waiting on the bank to make a move so as not to leave the unit vacant?

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Attorney answers 1


If the bank is the owner of the property because of a foreclosure then they have all the same rights of any other condo owner in your complex, including the right to rent it out. The bank also has all the same obligations as the other condo owners which is why they are paying all the fees and assessments.

I may be slightly confused by your facts, but generally a condo association would not have the right to rent a vacant condo. Your condominium bylaws should clearly spell out what the Condo association can and cannot do. If they do not address this particular situation then you may wish to consider a revision of the bylaws.

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