Renting out a condo: what to settle with the association first

Start with the governing documents

Rental rules in a condominium come from its recorded documents: the master deed, the declaration of trust, the bylaws and the rules and regulations adopted under them. They vary a great deal. Some associations limit how many units may be rented or keep a waiting list, some set conditions an owner must meet before leasing, and others have no review at all. Do not assume your unit qualifies, or that this building works like another one you have owned.

Ask the manager or the board for the complete current documents and any amendments, and for a written answer about your unit. If there is a cap, ask whether it is being enforced now, how the waiting list works and whether any exemptions apply. Settle this before you advertise. Finding out after a lease is signed puts you between the association and a tenant who has already made plans.

• Current master deed, declaration of trust, bylaws, rules and amendments.
• A written answer on whether your unit may be rented now.
• If there is a cap: whether it is enforced, how the waiting list works and any exemptions.

Who can answer for the association

Day to day, you may deal with an on-site manager, an outside management company or a trustee. Whether a manager can approve a lease or waive a requirement depends on the management agreement and on what the board has delegated. A manager does not automatically have the final say, and a board does not necessarily review every lease itself.

When a manager tells you something is not needed, or waives a document, ask them to confirm it by email. Keep in mind that a management company’s job covers the common areas. Finding a tenant, screening applicants or managing your lease is a separate service that would need its own written agreement.

What to submit, and what to keep

If the documents require notice or approval, get the full list of what the association wants before you need it. Common requests include a tenant registration form, emergency contacts, vehicle information and a copy of the lease. Send only what the association actually needs for running the building and for emergencies, and protect the rest of the tenant’s information.

Keep a dated file of each step: when you asked for the forms, what you sent and when, and the association’s written confirmation that it was received or approved. Managers change, and a clear record answers questions later. Give the tenant a copy of the building rules with the lease as well. Under the condominium statute, the association can charge the owner alone for expenses caused by a tenant who does not follow the rules.

• The association’s full list of required forms, including whether a lease copy is needed.
• Only the tenant information the building needs.
• Building rules attached to the lease.
• Dated copies of what you sent and the association’s confirmation.

Move-in day: elevators, routes and access

Ask whether moves must be booked, which hours are allowed, whether the elevator needs protective pads and where a truck can stop. Pass these rules to the tenant early. A move that damages a hallway or blocks the neighbors starts the tenancy on a poor footing with the building.

Many buildings use fobs, garage remotes or app credentials that management has to set up. Before the move-in date, test the unit and mailbox keys, confirm the tenant has been added to the access system and the intercom, and find out how replacements are requested and whom to call.

• Move booking, allowed hours, elevator pads and truck parking.
• Unit and mailbox keys tested before move-in.
• Fobs, garage access and intercom set up for the tenant, with a contact for replacements.

Repairs, emergencies and insurance

In a condominium, a leak can start in one unit and damage another, so it matters which pipes and building parts are common elements and which belong to the unit. The documents set that boundary. In an emergency, safety comes first: call the appropriate emergency service or a qualified professional, and do not ask a tenant or an untrained helper to open walls or work on pipes. Anyone who smells gas should leave the building and call 911 and the gas company from outside.

Agree on an order of contact with the tenant: problems inside the unit go to you or your representative, and damage to common areas goes to management promptly. Ask the association what the master policy covers, what owners are expected to insure and who bears the deductible. Tell your own insurer that the unit is rented, since coverage depends on the policy and on accurate information. When water crosses between units, take photos and keep the work orders. A work order records what was done; it is not proof that anything meets code.

Association charges, and what can pass to the tenant

Associations often charge owners for leasing or moving, such as move-in fees, elevator deposits or registration fees. The authority for those comes from the condominium documents or board decisions, and they are charged to you as the owner. Whether any of it can be shifted to a tenant is a separate question, answered by landlord-tenant law rather than by the association rules or a lease clause.

At or before the start of a tenancy, a Massachusetts landlord can require only the first month’s rent, the last month’s rent, a security deposit of no more than one month’s rent, and the cost of a new lock and key. The Attorney General’s guide adds that pet, broker and application fees cannot be charged up front. A lease line asking the tenant to pay the association’s move-in fee does not change that. The deposit must be held under the security deposit law, and association charges are not among the deductions it allows.

Keep your common charges current. If an owner is 25 days or more behind, the association can, after sending written notice and giving the owner a chance to respond, direct the tenant to pay rent to the association until the amount is cleared. The statute protects a tenant who pays the association from reprisal by the owner, and a lease clause waiving these provisions is void. Separately, whatever is happening with the association, a landlord may not shut off required utilities, interfere with the tenant’s quiet enjoyment or try to regain the unit without a court process.

• The association’s fee schedule: what each charge is for, who pays and whether it is refundable.
• Up-front payments from the tenant limited to first month, last month, a deposit of up to one month, and lock and key.
• Common charges paid on time, so the association has no reason to collect rent from your tenant.