Q. Certain owners in our building keep some of their personal belongings (i.e., bikes and tricycles, baby strollers, skates, tennis racquets, etc.) in the hallways next to their condo units. Sometimes we have to squeeze by all of their hallway clutter just to get inside our own units. Is there any legislation about personal belongings in stairwells or hallways? If not, what can I do to fix this problem? It’s really frustrating.

                               — Mess in Massachusetts

A. “There is nothing in the Massachusetts Condominium Act (MGL c. 183A) that discusses personal items in stairwells, hallways, or other common areas of a condominium,” says Matthew W. Gaines, partner at Marcus, Errico, Emmer & Brooks, PC, in Braintree, Massachusetts. “However, the board of a condominium association may establish rules governing the use of common areas.  

“In fact, most condominium documents that I have read already contain a rule that prohibits personal items in common areas. In the event that your documents do not contain such a rule, the board may establish a rule prohibiting residents from leaving personal items in common areas. In most cases, the board can establish such a rule without the vote of the owners; however, you should always check your condominium documents first as some documents require a vote of the owners to adopt or amend rules. 

“One important point to remember about such a rule, and all rules, is that it must be enforced in a uniform manner. If the rule prohibits all personal items from the hallways, that truly must mean all. Therefore, not only would large items such as baby strollers and bikes be prohibited, but small items such as umbrellas or wet shoes would be prohibited too. If you allow some items but prohibit others, the board is opening itself up to a claim of discrimination for selectively enforcing the rules. If a rule prohibiting items from the common areas is in place or is adopted by the board, it is up to the board to enforce the rule by sending violation letters and if appropriate, issuing fines.”