Section 23. Where the master deed, declaration of trust or bylaws of a condominium submitted under this chapter requires the consent of mortgagees prior to amending said deed, trust or bylaws, consent shall be deemed given if the following conditions are satisfied: (i) written notice of the proposed amendment to the master deed, declaration of trust or bylaws, was provided to each mortgagee who holds a first mortgage on a unit within the condominium; (ii) the governing body of the organization of unit owners provided the notice by first class mail and certified mail, return receipt requested; and (iii) the mortgagee fails to respond or object within 60 days of the date of mailing such notice. In the event of any conflict between this section and the master deed, trust or bylaws or other governing documents of the condominium, this section shall control.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Title I - Title to Real Property
Section 2 - Application of Chapter; Creation of Other Interests in Realty
Section 3 - Nature of Interest; Sale or Descent
Section 4 - Exclusive Ownership and Possession; Restrictions
Section 5 - Interest in Common Areas or Facilities; Percentage; Division
Section 6 - Common Profits and Expenses; Lien
Section 7 - Contribution Toward Common Expenses; Liability; Offset, Deduction, or Waiver Prohibited
Section 8 - Master Deed; Recording; Contents
Section 8a - Leasehold Condominiums; Rights of Unit Owners
Section 9 - Deeds of Units; Contents
Section 11 - By-Laws; Mandatory Provisions
Section 12 - By-Laws; Additional Provisions
Section 13 - Claims Involving Common Areas and Facilities; Liability
Section 14 - Taxation and Betterment Assessments; Lien
Section 15 - Subdivision Control Law
Section 16 - Submission of Property to This Chapter
Section 18 - Improvements; Costs
Section 19 - Removal From Provisions of This Chapter
Section 20 - Municipal Participation in Condominium Organization and Ownership
Section 21 - Multiple Family Condominium Units; By-Laws; Master Deed
Section 22 - Foreclosure of Condominium Development; Liability of Lender and Developer
Section 23 - Prior Consent for Amendment of Deed, Trust or Bylaw