COURT REBUKES UNIT OWNER FOR UNAUTHORIZED ALTERATIONS: TRUSTEES PREVAIL AT TRIAL
In a sharply worded decision issued this Summer, the Suffolk Superior Court ruled in favor of Condominium Association represented by MEEB after a bench trial centered around rule enforcement and unauthorized modifications. The Court found that the unit owner “deliberately” violated condominium rules by installing her personal air-conditioning equipment in the building’s common areas without approval.
The Court ordered the owner to remove all unauthorized installations, restore the common areas, and pay more than $65,000 in attorneys’ fees and costs to the Association. The case was tried by MEEB Partner, Seth Barnett. After trial, the unit owner paid the judgment in full and removed the HVAC system at her own expense.
Unauthorized Construction in Common Areas
The case arose after the defendant began expanding her air-conditioning system in late 2023. Although she assured the trustees that the work would occur “inside [her] unit,” she instead directed her contractor to install conduits, wiring, and a new condenser in common hallways, stairwells, and even through a locked mechanical room.
When the trustees discovered the work, they immediately directed the owner to cease and desist. Instead, she pressed ahead, supplying incomplete and misleading information to the Board.
Court’s Orders and Findings
The Court concluded that owner acted intentionally to avoid trustee review because she “believed, probably correctly,” that her proposal would have been denied.
Her motive, he found, was to preserve the “historical value” and aesthetics of her own unit at the expense of the building as a whole. Ironically, as a former trustee, the owner had once denied another unit owner similar permission, warning that such work would “affect the historical value of our building.”
The Court ruled affirmed without approval, the defendant violated both the bylaws and the condominium’s rules and regulations, which explicitly require trustee consent for any work affecting common areas.
Practical Takeaways for Trustees and Property Managers
This case offers clear takeaways for trustees and managers:
Document violations carefully. Written notices, photos, correspondence, and meeting minutes showing attempts to resolve the matter informally strengthen the board’s position in court.
Follow governing documents precisely. Consistent adherence to the enforcement procedures outlined in the master deed and bylaws helps establish the trustees’ good faith and authority.
Engage experienced legal counsel early. Condominium litigation can become technical quickly. Legal guidance ensures compliance with Chapter 183A and maximizes the likelihood of recovering attorneys’ fees.
Do not hesitate to enforce rules. Trustees have a duty to all owners to preserve the property’s value. Allowing unauthorized alterations to go unchecked can set a dangerous precedent.
The decision underscores the fact that trustees not only have the authority but the duty to enforce the rules, even when doing so requires litigation.
If you have any questions regarding rule enforcement or litigation matters for your association, please contact Seth Barnett or our MEEB Attorneys at law@meeb.com.