55% owner = I can make the rules?

[Oto]

Massachusetts.

I am 55% owner of a 2 unit condo building. As majority owner, can I make rules or amend bylaws without the other owner's vote? i.e. Adding no smoking or no pets clause?

 

[HomeGuru]

Massachusetts.

I am 55% owner of a 2 unit condo building. As majority owner, can I make rules or amend bylaws without the other owner's vote? i.e. Adding no smoking or no pets clause?

**A: you need to read your condo docs.

 

[tranquility]

Any owner has the right of possession as a matter of law so anyone can make the rules. So, you certainly cannot make rules which affect the other owner and the other owner can make the rules to any tenant. (Absent other factors.)

However, one of those other factors is if this is a business partnership. There, your partnership agreement will govern. If you don't have one, you have a problem, although the state's default statutes may guide.

 

[HomeGuru]

Any owner has the right of possession as a matter of law so anyone can make the rules. So, you certainly cannot make rules which affect the other owner and the other owner can make the rules to any tenant. (Absent other factors.)

However, one of those other factors is if this is a business partnership. There, your partnership agreement will govern. If you don't have one, you have a problem, although the state's default statutes may guide.

**A: this issue pertains to changing condo House Rules, By-Laws, Declaration etc.