Creating Condominiums

Drafting the master deed and operational provisions

Condominiums are “creatures of statute”. They are created pursuant to G.L. c. 183A and are governed by and operate according to their constituent documents. Massachusetts courts have deemed a condominium’s constituent documents to be something more than a contract and, instead, akin to covenants running with the land. As the constituent documents define and create the condominium, provide the operational policies and procedures thereof, and survive as provisions tantamount to covenants running with the land, the importance of drafting quality condominium documents cannot be overstated.

This new program provides guidance on drafting well-crafted master deeds and operational provisions for condominiums, including declarations of trusts and/or bylaws. The panel also identifies common pitfalls and traps in condominium document language, the problems caused by such language, and suggestions for remedying these provisions. Finally, attendees learn some of the most common issues that arise in the enforcement of condominium documents and the document language that can assist by providing procedures and resolutions.