If you buy a condo in a project built in phases, you better pay really close attention to the master deed

The Supreme Judicial Court today ruled today that condo developments do not have to obey a state law that requires ownership of common areas to be equally split among all owners - provided the disparity is noted in the master deed and other condo documents signed by buyers.

The ruling comes in the case of 20 owners of condos in the second phase of a Falmouth project, who objected to master-deed provisions that essentially required them to pay more for maintenance of common areas than owners of the initial units and which gave the first-phase owners more of a say over major decisions affecting the entire project.

Although state law requires equitable distribution of common areas and votes, the SJC ruled that the law is only a "framework" for relations between individual property owners rather than an attempt to protect the general public. Because it relates to private parties, its requirements can be adjusted through negotiations among them, the court said. Although the second-phase owners didn't sign the initial agreement, they essentially inherited and agreed to it when they purchased their units from the developer, who had signed it, the court ruled.

Complete ruling.