MA S835

Bill

Relative to construction defect claims by condominium owners

Introduced
01/22/2019

In Committee
01/22/2019

Crossed Over

Passed

Dead
12/31/2020

Introduced Session

191st General Court

Bill Summary

For legislation relative to construction defect claims by condominium owners. The Judiciary.

AI Summary

This bill amends the Massachusetts General Laws to establish a statute of limitations for construction defect claims brought by condominium owners' associations. The key provisions are: (1) a 3-year statute of limitations for such claims, unless the condominium declarant (the developer) remains in control of the association at the time the cause of action would otherwise accrue, in which case the statute of limitations does not begin to run until the declarant control termination date; (2) a maximum 6-year statute of limitations in all cases, measured from the later of the declarant control termination date, the opening of the improvement to use, or substantial completion of all condominium phases; and (3) the application of these new limitations to all existing condominium master deeds, declarations, and by-laws, regardless of when they were recorded.

Committee Categories

Justice

Sponsors (5)

Mike Barrett (D), Michael Brady (D), Julian Cyr (D), Michelle DuBois (D), Mike Moore (D),

Last Action

Accompanied a new draft, see H4605 (on 02/06/2020)

Official Document

https://malegislature.gov/Bills/191/S835

(14 Companion Bills)

Version:

Document Type	Source Location
State Bill Page	https://malegislature.gov/Bills/191/S835
Bill	https://malegislature.gov/Bills/191/S835.pdf

Bill	Bill Name	Last Action	Type
H1371	Relative to private construction contracts	Accompanied a study order, see H5081	Similar To
H1376	Permitting persons to bring car damage arising from a pothole against the public entity into small claims court	Accompanied a study order, see H5081	Similar To
H2827	Relative to transparency in private utility construction contracts	Bill reported favorably by committee and referred to the committee on House Ways and Means	Similar To
H3260	Relative to construction defect claims by condominium owners	Accompanied a new draft, see H4605	Similar To
H3439	Relative to financial records of defendants in small claims court	Accompanied a study order, see H5081	Similar To
H3814	Providing for the construction of improvements to Arsenal Park in the town of Watertown	Read second and ordered to a third reading	Similar To
H4605	Relative to construction defect claims by condominium owners	Read; and referred to the committee on Senate Ways and Means	Replaced by
S1364	Resolve providing for investigating construction practices and their impact on firefighter deaths	Discharged to the committee on Senate Rules	Similar To
S1885	Relative to the definition of fraud in public construction bid laws	Bill reported favorably by committee and referred to the committee on Senate Ways and Means	Similar To
S1902	Further defining fraud in public construction contracts	Accompanied a study order, see S2569	Similar To
S1989	Relative to transparency in private utility construction contracts	Accompanied H2827	Similar To
S2320	Relative to the Boston Residents Job Policy	Accompanied a study order, see S2569	Similar To
S2372	Relative to workplace safety	Bill reported favorably by committee and referred to the committee on Senate Ways and Means	Similar To
S79	Promoting sustainable development across the Commonwealth	Bill reported favorably by committee and referred to the committee on Senate Ways and Means	Similar To

Bill

Bill Name

Last Action

Type

H1371

Relative to private construction contracts

Accompanied a study order, see H5081

Similar To

H1376

Permitting persons to bring car damage arising from a pothole against the public entity into small claims court

Accompanied a study order, see H5081

Similar To

H2827

Relative to transparency in private utility construction contracts

Bill reported favorably by committee and referred to the committee on House Ways and Means

Similar To

H3260

Relative to construction defect claims by condominium owners

Accompanied a new draft, see H4605

Similar To

H3439

Relative to financial records of defendants in small claims court

Accompanied a study order, see H5081

Similar To

H3814

Providing for the construction of improvements to Arsenal Park in the town of Watertown

Read second and ordered to a third reading

Similar To

H4605

Relative to construction defect claims by condominium owners

Read; and referred to the committee on Senate Ways and Means

Replaced by

S1364

Resolve providing for investigating construction practices and their impact on firefighter deaths

Discharged to the committee on Senate Rules

Similar To

S1885

Relative to the definition of fraud in public construction bid laws

Bill reported favorably by committee and referred to the committee on Senate Ways and Means

Similar To

S1902

Further defining fraud in public construction contracts

Accompanied a study order, see S2569

Similar To

S1989

Relative to transparency in private utility construction contracts

Accompanied H2827

Similar To

S2320

Relative to the Boston Residents Job Policy

Accompanied a study order, see S2569

Similar To

S2372

Relative to workplace safety

Bill reported favorably by committee and referred to the committee on Senate Ways and Means

Similar To

S79

Promoting sustainable development across the Commonwealth

Bill reported favorably by committee and referred to the committee on Senate Ways and Means

Similar To

Bill > S835

MA S835

summary

Introduced Session

Bill Summary

AI Summary

Committee Categories

Sponsors (5)

Last Action

Official Document

bill text

bill summary

bill summary

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