Condominium Insider
MEEB’s Condo Law Newsletter
HOW TO DEAL WITH A ‘BAD’ CONDOMINIUM TENANT - CONTACT THE OWNER
If a condominium owner regularly plays loud music, rolls golf balls across an uncarpeted floor, otherwise disturbs other residents or violates association rules, the board’s response is clear: Notify the owner that he or she is violating the rules and fine him/her if the violations continue. But what if the annoying resident is a tenant, not an owner?
The response isn’t quite as straightforward. The board has no direct relationship with the tenant, no authority to enforce the association’s rules against him, and certainly no authority to evict him, unless the governing documents specifically grant that authority, which most do not. The board’s relationship is with the owner of the unit, who is the tenant’s landlord, so any actions the board takes should start there.
THE TIDE MAY BE TURNING ON EMOTIONAL SUPPORT ANIMALS: BUT MAYBE NOT ON THE STATE LEVEL YET
On May 22, 2026, HUD issued a memorandum titled “Enforcement Guidance – Assessing Requests for the Use of an Animal as a Reasonable Accommodation Under the Fair Housing Act.” The memorandum states that, “effective immediately,” HUD requires a reasonable accommodation only for animals trained to provide disability-related assistance. HUD explained that “an entire industry has emerged to convert pets into emotional support animals” and stated that it had not intended its earlier, broader guidance to be treated by courts as requiring the allowance of emotional support animals.
YOUR COMMUNITY IS AGE-RESTRICTED
Federal and state fair housing laws prohibit discrimination against families with children. This should not be news to anyone. But the federal Housing for Older Persons Act (HOPA), enacted in1995, allows “age-restricted” housing communities to bar anyone younger than 55. HOPA allows two types of age-restricted communities. The most common requires 80 percent of the units to be occupied by at least one resident who is 55 or older. The remaining 20 percent may be occupied by residents younger than 55. This is known as the 80-20 rule. The other HOPA option, less common because it is more restrictive, requires a minimum age of at least 62 for all residents.
DEFENDING HOUSING DISCRIMINATION CLAIMS: WHAT CONDOMINIUM BOARDS NEED TO KNOW
Condominium trustees and property managers in Massachusetts face growing exposure to housing discrimination complaints under the federal Fair Housing Act (FHA) and state anti-discrimination laws. While many of these complaints are ultimately dismissed, those that move forward before the Massachusetts Commission Against Discrimination (MCAD) or in court can be costly and time-consuming to defend.
The key to minimizing risk is not only responding properly to accommodation and modification requests but also managing the process intelligently from the first contact through any potential litigation.
REASONABLE ACCOMMODATIONS
The covenants of our association prohibit pets. An owner who moved in recently is blind and has a seeing-eye dog that she insists she should be allowed to keep. When the board cited her for violating the covenants and began fining her, she sued.