— Brokering a Sale
In fact, most Massachusetts condominium constituent documents contain a specific provision making it perfectly acceptable for a board member to contractwith and/or deal with the board in such activities – so long as the relationship is disclosed.
The document provision is typically entitled “Trustees May Deal with Condominium,” or something to that effect. So, the questioner should carefully review his or her constituent documents for specific guidance on this issue.
Whether or not a particular condominium’s constituent documents address this issue squarely, good practice suggests that the board member who plans to act asbroker for the association recuse himself/ herself as part of any board voting process on the issue.
Of course, the proposed relationship should be disclosed fully to the board, to the unit owners, in any meeting minutes, etc. And, as an aside and at the risk of sounding self-serving, the board probably should consult with a knowledgeable lawyer to discuss whether the grant of an easement is preferable to a true common area rental agreement.
— Joe Saurino, Esq.