Reading the Master Deed & Bylaws Before You Buy

# Reading the Master Deed & Bylaws Before You Buy

When you buy a condo in Massachusetts, you're buying into a set of rules that will govern your daily life. Most buyers skim these documents or skip them entirely, then discover the constraints after closing. That's a mistake. The master deed and bylaws decide what you actually own, what you can change, and what the association can require of you. Here's how to read them like someone who knows what to look for.

Start With the Master Deed

The master deed is the document that legally creates the condominium under Massachusetts General Laws Chapter 183A. It defines the physical boundaries of your unit and separates what you own from what the association controls.

Read the unit description carefully. In many Massachusetts condos, you own the space "from the paint in" — meaning the interior surfaces, but not the walls, floors, or ceilings themselves. Structural elements, exterior walls, and often the windows are common area. This matters when something breaks. If your unit's boundary stops at the wall studs, a burst pipe inside that wall may be the association's problem, not yours.

The master deed also lists your percentage interest in the common areas. This number drives two things: your share of common expenses (condo fees) and your voting weight in association matters. Confirm the percentage matches what the seller and agent told you.

Understand Common vs. Exclusive Use

Massachusetts condos frequently carve out "exclusive use common areas" — spaces the association technically owns but that only your unit can use. Think parking spaces, storage bins, decks, patios, and sometimes basement rooms.

Verify in writing that any parking space, deck, or storage area you're expecting actually belongs to your unit. I've seen deals where a buyer assumed a driveway spot conveyed, only to find it was assigned to a different unit or shared. If it's not in the master deed or a recorded amendment, don't assume it's yours.

Dig Into the Bylaws

The bylaws govern how the association operates and, more importantly for buyers, what you can and can't do. Pay attention to these areas:

• Rental restrictions. Many Massachusetts associations cap the number of units that can be rented, require minimum lease terms, or ban short-term rentals like Airbnb outright. If you're buying as an investment or plan to rent later, this is a dealbreaker to check first.
• Pet rules. Weight limits, breed restrictions, and outright bans are common.
• Renovation approval. Bylaws often require board approval before you touch flooring, plumbing, or anything affecting common elements. Hardwood over a downstairs neighbor may be prohibited without soundproofing.
• Insurance obligations. The documents spell out what the master policy covers and what your HO-6 unit policy must cover. Read the deductible provisions — some associations pass large master-policy deductibles to the unit owner responsible for a claim.

Check the Rules and Regulations

Separate from the bylaws, most associations maintain house rules that can be amended more easily. These cover parking, trash, noise, use of common spaces, and grilling on decks (a genuine issue in New England, where gas grills are often banned near wood-frame buildings). Rules change over time, so ask for the current version.

Review the Amendments

Master deeds and bylaws get amended, and every amendment is recorded at the Registry of Deeds. Ask for a complete set. An amendment might have added a rental cap, changed a percentage interest, or reassigned parking years ago. The original document alone won't tell the full story.

Match the Documents Against the 6(d) Certificate

In Massachusetts, sellers must provide a 6(d) certificate confirming the unit is current on condo fees. Cross-reference it against the budget and any special assessments mentioned in meeting minutes. If the bylaws allow large assessments and the reserve fund looks thin, you could be facing a bill soon after closing.

This is exactly the kind of review I do with clients at Signal Real Estate — reading the fine print before you're committed, so surprises don't show up after you own the place.

The Bottom Line

The master deed and bylaws aren't boilerplate. They define your ownership, your monthly costs, and your freedom to use your own home. Read them during your due diligence window, not after. If anything is unclear — and condo documents are often written in dense legalese — get an expert to walk through them with you before you sign.