Legal Question in Landlord & Tenant Law in Massachusetts

Can a Condominium Board of Trustees restrict the number of guests that are invited to a specific Unit for a party or event. The Condomiinium in question is in Boston Massachusetts and the tenants that lease the two bedroom apartment of roughly 2000 SF often have 10 or more guests, which creates noice and disturbances to the other residents.

Any case law on this topic?

Asked on 10/18/17, 1:27 pm

2 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

The condominium bylaws and rules and regulations can impose limits on the number of guests, noise levels, and other matters. These regulations must be evenly applicable to all condo units and fairly and equally applied. They can't do anything without appropriate rules and regulations in effect. Other laws impose the obligation to not disturb the peace of others and a loud party may violate that obligation . If that occurs you can call the police about the public disturbance.

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Answered on 10/18/17, 2:22 pm

I agree with Attorney Pransky, but the regulations have to be reasonable as to the number of people and the level of noise. The fact noise can be heard in a hall but not in another apartment would not constitute a nuisance. If someone has a dinner party for 12 people and there is only conversation, that would not be a nuisance. On the other hand, if someone has a group of 6 over for Monday night football and they are screaming and yelling and generally raising hell that would be a nuisance. Now as to the capacity in an apartment, you can ask the local fire department as what number of people would constitute a risk if there was a fire. just like restaurants have capacity limits.

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Answered on 10/18/17, 3:34 pm

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