Our initial scan found 3 potential issues in your governing documents.
We checked the 1 public PDF on Brookside Square Condominium Trust’s website against current Massachusetts and federal HOA law—and more issues may exist depending on the documents you load.
✓Rules & Enforcement Policies+ Add up to 10 PDFs in Full Analysis
Bans dogs and cats inside private units via an administrative Rule and Regulation rather than the Master Deed or Bylaws, and contains no assistance animal exemption.
Operative Clause · Rule 11 (Page 1)
“Absolute Prohibition on Dogs and Cats in Units and Common Areas by Rule — Common household pets, such as dogs and cats, MAY NOT be kept in the units.”
Why It’s Flagged
M.G.L. c. 183A, § 11(d)-(e) (Johnson v. Keith, 368 Mass. 316) & 42 U.S.C. § 3604(f)(3)(B)
In Johnson v. Keith, 368 Mass. 316 (1975) and Noble v. Murphy, 34 Mass. App.
Ct.
452 (1993), Massachusetts courts held that under M.G.L. c.
183A, § 11(d)-(e), administrative rules and regulations govern only the common areas and cannot prohibit keeping household pets inside private units unless enacted in the Master Deed or Bylaws; furthermore, the rule omits the mandatory Fair Housing Act (42 U.S.C. § 3604(f)(3)(B)) and M.G.L. c.
151B assistance animal accommodation exception.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
1Amend Section Rule 11 to conform with M.G.L. c.
2183A, § 11(d)-(e) (Johnson v. Keith, 368 Mass. 316) & 42 U.S.C. § 3604(f)(3)(B) prior to board adoption.
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
2 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 2 remaining issues—plus load up to 10 PDFs for complete review.
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