Massachusetts General Laws

Mass. Gen. Laws ch. 183A, § 3 (2026)

Nature of interest; sale or descent

✓ current as of July 2026
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Section 3. Each unit together with its undivided interest in the common areas and facilities, whether or not such unit is built on owned or leased land shall constitute real estate, and may be the subject of demise, devise, gift, mortgage, ownership, possession, sale, trust, the laws of descent and distribution and all other rights incidental to the holding of real estate as if it were sole and entirely independent of the other units in the condominium of which it forms a part.

Notes of Decisions
Cited in 5 cases, 1988–2019 · leading case: Kaplan v. Boudreaux, 573 N.E.2d 495 (Mass. 1991).
Kaplan v. Boudreaux, 573 N.E.2d 495 (Mass. 1991). “See also G. L. c. 183A, § 3 (a condominium unit and associated interest in common areas constitutes real estate); Beaconsfield Towne House Condominium Trust v.”
Golub v. Milpo, Inc., 522 N.E.2d 954 (Mass. 1988). “G. L. c. 183A, §§ 3, 4, 5 (1986 ed.). See Rohan, The “Model Condominium Code” — A Blueprint for Modernizing Condominium Legislation, 78 Colum.”
Chamberlain v. Badaoui, 130 N.E.3d 206 (Mass. App. Ct. 2019). “" G. L. c. 183A, § 3. Such control "is subject only to the limitations set forth in the master deed and the condominium bylaws.”
McEneaney v. Chestnut Hill Realty Corp., 1 Mass. L. Rptr. 561 (Mass. Super. Ct. 1993). “G.L. c. 183A, §§3, 4, 5; Golub v. Milpo, Inc.”
Franks v. Hennessy, 4 Mass. L. Rptr. 325 (Mass. Super. Ct. 1995). “” G.L.c. 183A, §3. Exclusive ownership and possession of a unit, however, is subject to prohibitions in the master deed, the right of the organization of unit owners to reasonable access to the irnit, and by-laws and administrative rules.”
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