Right now my condo board is fining me for unapproved modifications that were made nearly two years ago. I read on another site that there is such thing as a "waiver" - that is if the violation of rules was open and obvious that after a certain amount of time the board forfeits it's right to enforce the rules. I was wondering what MA's laws on waivers were and how I would go about bringing this up with the board.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Enforcement of rules by condominium association
Depending on your situation, and what other owners are doing, you may have a claim for selective enforcement of condominium rules. As for a waiver of the rules by the association, I'm not a aware of any specific Massachusetts law that covers the situation, e.g.: "the condo association shall not be allowed to enforce a rule if they fail to do so withing X number of years." (I believe New York has such a law, commonly referred to as the "90 day rule.") However, depending on the amount of money required to remedy the situation, and if the association is not willing to work with you, may consider hiring an attorney to draft a letter. The attorney may be able to research case law, perhaps based on such equitable principles as estoppel, that would support your argument and convince the association to back off. Hope that helps.