I am a trustee of a condominium in Massachusetts. Our docs permit only one lease (in writing) per year per Unit, with a minimum 6-month term. The docs also state that an owner cannot rent less than an entire unit. The Board has added rules that the lease must include a clause stating that the tenant(s) is subject to the condo
docs including the rules promulgated by the Board, and the Unit owner must provide a copy of the lease to the Board before the rental begins to permit the Board to check that the lease is in compliance.
We have a situation in which we believe that a resident Unit owner is taking in boarders. However, the Unit owner has always claimed that the person(s) is a relative: an aunt, a cousin, etc. The Massachusetts condo statutes state that Unit owners must identify occupants to the Board after 30 days of residence. However, there is no guidance as to who is a tenant as opposed to family. Are parents of Unit owners tenants when they come to help with a newborn child? How about sisters or brothers? We have another Unit in which a husband is the sole Unit owner on the deed; is his wife his tenant? The Board feels it is in a position in which it has to define who is a tenant that must have a lease and who is a family member occupant that is not named on the Unit deed. It is not clear where to draw the line. Does anyone have any experience with this situation?