Validity Declaration of Condominium In Massachusetts
As a general matter, "deeds should be 'construed as to give effect to the intent of the parties, unless inconsistent with some law or repugnant to the terms of the grant.'" Commercial Wharf, 407 Mass. at 131, quoting Harrison v. Marcus, 396 Mass. 424, 429, 486 N.E.2d 710 (1985). "Chapter 183A is essentially an enabling statute." Tosney v. Chelmsford Village Condominium Ass'n, 397 Mass. 683, 686, 493 N.E.2d 488 (1986).
"Unless expressly prohibited by clear legislative mandate, unit owners and developers may validly contract as to the details of management." Barclay v. DeVeau, 384 Mass. 676, 682, 429 N.E.2d 323 (1981).
There appears to be no inherent barrier to the creation or reservation of new rights in the master deed itself, beyond those created by prior recorded instrument.
The question whether rights reserved or created in a master deed are valid or invalid must, therefore, depend on whether the reserved rights are consistent with, or repugnant to, the provisions of the condominium statute.