Massachusetts General Laws

Mass. Gen. Laws ch. 183A, § 2 (2026)

Application of chapter; creation of other interests in realty

✓ current as of July 2026

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Section 2. This chapter shall apply only when the owner of the land or the lessee of the land submits such owner's or lessee's interest in the land hereof by duly executing and recording a master deed with an assent by the lessor in the case of a leasehold condominium, containing a statement to the effect that the owner or lessee proposes to create a condominium to be governed by the provisions of this chapter, provided that, in the case of a leasehold condominium, the term of such lease shall not be less than sixty years, from the date on which the condominium was submitted to the provisions of this chapter. The provisions of this chapter shall not be deemed to preclude or regulate the creation or maintenance of other interests in real property not expressly declared by the owner or lessee to be subject thereto. For purposes of this section, the holder of a license granted by the department of environmental protection under the provisions of chapter ninety-one for development of commonwealth tidelands shall be deemed the owner of the land, and the licensee shall be deemed the holder of a sufficient interest in real estate to be submitted to and governed by the provisions of this chapter. The provisions of this chapter relating to the creation of leasehold condominiums shall apply only to leasehold condominiums created after April sixth, nineteen hundred and ninety-three.

Notes of Decisions

Cited in 12 cases, 1981–2020 · leading case: Aldrich v. ADD Inc., 437 Mass. 213 (Mass. 2002).

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Aldrich v. ADD Inc., 437 Mass. 213 (Mass. 2002). “On July 28, 1987, Dolphin filed a master deed in the Suffolk County registry of deeds, pursuant to G. L. c. 183A, § 2. The master deed identified several entities connected with the condominium: (1) the “Sponsor,” defined as Dolphin and its “successors and assigns”; (2) the…”

Queler v. Skowron, 438 Mass. 304 (Mass. 2002). “Consistent with our conclusion is the clear language of G. L. c. 183A, § 2, which relates to the application of the condominium statute, and which states that “[tjhe provisions of [c.”

Barclay v. DeVeau, 429 N.E.2d 323 (Mass. 1981). “See G. L. c. 183A, § 2. 9 Compare 1963 House Doc.”

Kaplan v. Boudreaux, 573 N.E.2d 495 (Mass. 1991). “G. L. c. 183A, § 2. The master deed of 90 Park Street Condominium contains a provision similar to that in § 5: “No instrument of amendment which alters the percentage of the undivided interest in and to the Common Areas and Facilities to which any unit is entitled shall be of…”

Tosney v. Chelmsford Vill. Condo. Ass'n, 493 N.E.2d 488 (Mass. 1986). “A master deed, creating a condominium, must be recorded pursuant to G. L. c. 183A, §§ 2, 8 (i) (1984 ed. & Supp.”

Podell v. Lahn, 651 N.E.2d 859 (Mass. App. Ct. 1995). “White Pines at Stockbridge (condominium) is a condominium established under G. L. c. 183A, § 2, composed of sixty-eight units.”

CBK Brook House I Ltd. P'ship v. Berlin, 834 N.E.2d 1251 (Mass. App. Ct. 2005). “It need not be emphasized that G. L. c. 183A, § 1, defines “common areas and facilities” with the proviso, “except as otherwise provided or stipulated in the master deed,” and that G.”

Brook House Condo. Trust v. Automatic Sprinkler Appeals Bd., 607 N.E.2d 744 (Mass. 1993). “” G. L. c. 183A, § 2. The material facts are undisputed.”

Xifaras v. Andrade, 59 Mass. App. Ct. 789 (Mass. App. Ct. 2003). “See G. L. c. 183A, § 2. Section 9.3 of the master deed provides that, in order to preserve the “architectural integrity” of the condominium building and its units, “no exterior change, addition, structure, projection, decoration or other feature shall be erected or placed upon…”

Spinnaker Island & Yacht Club Holding Trust v. Bd. of Assessors, 725 N.E.2d 1072 (Mass. App. Ct. 2000). “See G. L. c. 183A, § 2. The master deed described a condominium consisting of twenty-two units in ten buildings.”

Com. Wharf East Condo. Ass'n v. Dep't of Env't Prot. (Mass. App. Ct. 2020). “See G. L. c. 183A, § 2. Only when an attempt to review or modify a previously issued license arises after the condominium is established, and units sold to third parties, will multiple parties become involved.”

Diggs v. Wilmington Whispering Pines, LLC, 31 Mass. L. Rptr. 618 (Mass. Super. Ct. 2014). “Section 3 states that even before having built upon the site, full rights are granted in the common areas and facilities; and full real estate rights are vested in the owner. Section 5(a) provides that “(e]ach unit owner shall be entitled to an undivided interest in the common…”

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