Can You Renovate a Condo?

Are you wondering if you can renovate your condo without legal challenges? Do you need help with condo renovation disputes? If the answer to either of these questions is “yes,” we’re here to help. Condo laws can be complex, with many exceptions and nuances. While it’s recommended to consult a trusted condo attorney for help, this article will address some concerns condo owners in Massachusetts have about renovations and remodeling.

Can You Remodel a Condo? 

Yes, you may remodel a condo unit, as you have exclusive ownership and possession of the property. It’s like owning a home. You are generally allowed to redesign the area to suit your taste and style and create a space that’s comfortable for you to live in. However, there are rules.

Before remodeling your condo, you should do the following:

1. Check the Condo Association Rules

Condo owners agree to be bound by specific rules, called the covenants, conditions, and restrictions, when they purchase their properties. These rules govern activities related to the property, including renovations.

Condo rules usually provide information about the areas you can remodel, the permitted alterations, and to what extent you can make those changes. For example, they may allow you to change the color of the interior painting but restrict you from changing the kitchen floor. It’s important to follow these rules because they’re legally enforceable.

Besides the condo rules, other laws may guide your condo renovation decisions. For example, established judicial precedents may dictate where you can remodel and how it should be done. Generally, condo owners are allowed to redesign private spaces. However, renovations in the common areas are reserved for the condominium owners association (COA).

Condo laws can be tricky, so it’s best to consult an experienced attorney to ensure you’re doing the right thing. You want to avoid wasting money and time on projects prohibited by law.

2. Ensure Your Association Approves Your Renovations

The COA is generally responsible for enforcing the condo rules. It’s essential to seek their approval before starting the renovation or remodeling, especially for the work requiring their permission.

Your COA’s role is to maintain the entire property, and your unit is part of that. Therefore, any project that would affect the structural integrity of the building will usually be prohibited. This may include some interior renovations and remodeling, as well.

3. Obtain Necessary Permits and Hire a Licensed Contractor

Some projects require you to seek authorization from the local government. These projects might include those involving:

1. Electrical installation and rewiring
2. Significant window and door modifications
3. New HVAC installation
4. Major plumbing works
5. Floor installation
6. Insulation installation
7. Solar installation
8. Wall demolition

The need to apply for a permit can vary depending on the nature of the work and the municipality you live in. For example, some municipalities may require a permit for any condo project involving the replacement of carpet with hard flooring like ceramic, wood, and stone. It’s best to contact your local government when you’re not sure. You should also hire a licensed home improvement contractor and require them to pull permits.

What If a Condo Renovation Approval Is Denied?

While some renovations require approval from the COA, others do not. If the COA denies your renovation request, you may be able to still work on other projects like:

1. Interior painting 
2. Simple interior renovations in the bathroom and kitchen areas 
3. Door updates
4. Interior design changes

Situations That Can Lead to a Condo Renovation Dispute

Condo renovations sometimes lead to legal disputes between the unit owner, the COA, or other condo residents. While some conflicts can be resolved amicably, others end up in court. You must understand your rights and be aware of potential liabilities you may face when renovating your condo. Let’s consider four possible dispute situations:

1. Fighting Arbitrary Condo Rules

Condo rules are designed to protect the property and the interests of all parties. The terms should be clear and reasonable, and the COA must apply them fairly to all condo residents. Clauses deemed repugnant and unconscionable may be declared unenforceable by the courts.

Condo owners who believe COAs are misapplying the bylaws may consult an attorney to determine whether they have a claim.

2. Intruding Common Areas

As a general rule, condo unit owners can only renovate their private spaces — the interior parts of the condo units. Common areas and shared spaces are generally excluded. Examples of areas considered shared spaces may include the following:

1. Hallways
2. Lobbies
3. Elevators and stairs
4. Parking lots
5. Parks
6. Gyms
7. Laundry facilities
8. Swimming pools

Renovations that affect common areas will often require you to seek approval from the COA. Otherwise, the COA may enforce the condo rules against you.

3. Interfering With the Structural Integrity of the Building

The COA works to protect the structural integrity of the building. Interior or exterior renovations affecting the building’s structural integrity may require the COA’s approval and supervision. Therefore, a condo owner’s right to renovate or remodel their private spaces is not absolute.

For example, the COA can prevent the condo unit owner from demolishing a wall supporting other parts of the property. Additionally, extensive remodeling work outside the association’s or other members’ purview may be prohibited in the COA rules.

4. Causing Nuisance

A private nuisance is an activity that unreasonably affects another person’s use and quiet enjoyment of property. For example, if the remodeling or renovation creates noise that disturbs your neighbors, the COA may take steps to address the complaints, even if not directly stated in the rules.

Before you remodel or renovate your condo, you should proactively find solutions to activities that may cause a nuisance. For example, you can remodel your condo when your neighbors are away. You can also use less noisy tools if possible.

Whether or not a person has a nuisance claim depends on several factors, so you should speak to an attorney if you face a private nuisance lawsuit.

Contact Calabrese Law Associates for Boston Condo Renovation Disputes

Condo owners can renovate or remodel their properties if the law permits. You must get approval from your COA and local government if necessary. Condo construction projects can lead to disputes, so you should seek legal advice or representation to protect your interests if this instance arises.

Calabrese Law Associates helps condo owners in the Greater Boston area and throughout Massachusetts in condo renovation planning, execution, and dispute resolution. Our attorneys will dedicate time and effort to protect your rights and provide guidance. Contact us now to learn more.

This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.”

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