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What is a master declaration?

Updated: 12/17/2022
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Q: What is a master declaration?
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The recorded instrument that is sometimes called a Declaration of Condominium is the legal document that actually creates a condominium development under relevant state law. In Massachusetts it is called a Master Deed. A master deed submits the real property and the buildings to the statutory provisions that govern condominiums, divides a single property into individually owned units, includes restrictions and rules and regulations and provides for ownership of common areas.


How can a condo declaration be amended?

The right to amend the Declaration, or Master Deed, must be reserved, or set forth, in the Master Deed. You need to review it. Amendments should be drafted by an attorney who specializes in condominium law in your jurisdiction. The process of amending your Declaration, or Master Deed, is set forth therein. Once drafted by an association-savvy attorney, the amendment must be voted upon by an uber-majority -- 67% or even 90% depending on the goal of the amendment -- and recorded before it becomes effective. An effective way to achieve the votes you need to pass an amendment is to open a dialog with all owners regarding the situation that can be addressed by the amendment. State the purpose, seek comments, and take this basic work to the attorney who will craft the amendment.


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