I recently raised a motion to remove this rule. However, a board member who still has ties to the old president has advised me that the original motion was filed as an “Irrevocable Motion” and that nothing can be done. In researching this, I cannot locate any information about an “Irrevocable Motion” or if such a thing even exists. Is there such a thing?”
— Massachusetts Board Member
Various attempts to circumvent the limits of a condominium board’s authority have failed over the years. One board triedto restrict keeping pets by passing a rule requiring all pets to be carried across the common areas. The Appeals Court struck down this restriction, holding that the board could not do indirectly that which it could not do directly.
Similarly, a board-enacted rule requiringpet owners to pay a premium to keep a pet would almost certainly be unenforceable, if challenged, because Massachusetts condominium boards do not have the authority to restrict keeping pets via mere board-enacted rules, either directly or indirectly.
— Joe Saurino, Esq.