Legal Question in Real Estate Law in Massachusetts
This is a simple question, I think. I just want to know whether Trustees not recorded with the Registry of Deeds are legal. I have written several times - each time doing more document research. To date no one has answered me and I don't know why.
There seem to be 3 relevant documents:
PART II. REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
TITLE I. TITLE TO REAL PROPERTY
CHAPTER 183A. CONDOMINIUMS
Chapter 183A: Section 8. Master deed; recording; contents
(i) The name and mailing address of the corporation, trust or association which has been formed and through which the unit owners will manage and regulate the condominium, together with a statement that such corporation, trust or association has enacted by-laws pursuant to this chapter. If a trust or unincorporated association is named, the master deed shall also set forth the names of the trustees or managing board. Changes in the trustees or members of the managing board, as the case may be, or changes in the mailing address of the organization of unit owners subsequent to the recording of the master deed, shall be stated in a certificate signed and acknowledged by at least one trustee or member of the managing board then appearing of record, or by a vote of the unit owners, and signed and acknowledged by one of them, and such certificate or vote shall be recorded in the registry of deeds or land registration office where the real estate is located. Persons may rely in good faith upon the master deed, declaration of trust, or the most recently recorded certificate or vote as to the names of the trustees or members of the managing board and the address of the organization of unit owners. Notices under this chapter sent in writing to the address listed in the master deed, declaration of trust, or the most recently recorded certificate or vote, if relied upon in good faith, shall be deemed sufficiently given; provided, however, that the person or entity sending the notice has complied with other
requirements, if any, of this chapter.
This is text from our Condominium Master Deed:
"No purchaser, mortgagee, lender or other person dealing with the Trustees as they appear of record in said Registry of Deeds shall be bound to ascertain or inquire further as to the persons who are then Trustees hereunder or be affected with any notice, implied or actual, otherwise than by a certificate thereof, and such record or certificate shall be conclusive evidence of the personnel of said Trustees and of any changes therein." Article 6, Section 1
"This Declaration of Trust and any Amendments thereto and any certificate herein required to be recorded, and any other certificate or paper signed by said Trustees or any of them which it may be deemed desirable to record, shall be recorded with said Registry of Deeds and such record shall be deemed conclusive evidence of the contents and effectiveness thereof according to the tenor thereof; and all persons dealing in any manner whatsoever with the Trustees, the trust property, or any beneficiary hereunder, shall be held to have notice of any alternation or amendment of this Declaration of Trust, or change of Trustee or Trustees, when the same shall be recorded with said Registry of Deeds..." Article 6, Section 4
This is text from the Declaration of Trust:
“Such appointment shall become effective upon the recording with Essex South Registry of Deeds of a certificate of such appointment, signed and accepted as aforesaid, and such person shall then be and become such Trustee and shall be vested with the title to the trust property, jointly with the remaining or surviving Trustees or Trustee, without the necessity of any act of transfer or conveyance.” Article 3 –The Trustees – Section 1 page 4
“Any Trustee may resign at any time by instrument in writing, signed and acknowledged in the manner required in Massachusetts for the acknowledgement of deeds, and such resignation shall take effect upon the registration of such instrument with said Registry of Deeds.” Article 3 –The Trustees – Section 3 page 6
I hope someone replies this time...
1 Answer from Attorneys
You are not asking for general legal advice. You are asking a lawyer to read all of the text you posted for free and give you specific legal advice. Take your documents to an attorney and pay them to render an opinion you can rely on.