Condo Restricts Renters Use of Rooftop Amenity

V.S. from Boston writes:

Dear Mister Condo,

I own a condominium in Boston, MA. The Condominium Association amended the Condominium Trust document with a 67% vote of Unit Owners and recorded it at the Registry of Deeds. The amendment prohibits renters from having furniture on the roof deck. Owner occupants are allowed to have furniture on the common roof deck but renters are not allowed to have furniture on the roof deck. Renters are allowed to use the roof deck but cannot leave furniture up on the roof deck. Can the Condominium Association enforce such a provision or is this discriminatory against the renters? Thank you for your guidance.

Mister Condo replies:

V.S., the answer is “Yes” to both questions. Yes, the association can discriminate against renters regarding the use of the roof. Yes, they can enforce the rule seeing as it was passed properly. The real question is can you now sue the association for discrimination seeing as they have created a “class” of residents called “renters”. I am not an attorney nor am I an expert in Massachusetts state law but your question really needs to be posed to a local attorney to see if it has merit. You are not being denied access to the amenity; you are simply being denied access to have furniture placed on the roof. I wouldn’t think such a case has merit but if you think it is worth pursuing, I encourage you to do so. All the best!

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