In its recent decision in Kellett v. Caron et al., No. 23 MISC 000405 (Mass. Land Ct. March 10, 2025) (Foster, J.), the Land Court enforced the architectural integrity clause in a condominium’s governing documents and concluded that the Olde Salem Village Condominium Trust (“Condominium Trust”) may reasonably exercise the powers granted to it under the governing documents, which unit owners agree to abide by when they purchase their unit. A copy of the decision can be found here.

In its decision, the Land Court rejected all of Kellett’s argument. Contrary to Kellett’s argument, the Land Court found that the Condominium Trust is empowered by the Condominium’s governing documents to select which colors and materials are appropriate for the common areas within the Condominium.

Kellett, a unit owner of the Olde Salem Village Condominium (“Condominium”) in Danvers, installed white vinyl railings on her deck, instead of the color approved by the Condominium Trust, which – while known as “Alaskan White” – is a deep beige color. Kellett then instituted an action against the Condominium Trust for declaratory judgment under G. L. c. 231A, § 9, seeking a declaration of the rights afforded to her under the exclusive easement she retains for the use of her Condominium unit’s deck. The issue before the Land Court was whether Kellett complied with the Condominium’s governing documents when she installed white vinyl railings despite the Board’s denial of her request. The Land Court entered judgment in favor of the Condominium Trust, declaring that Kellett does not enjoy the implied right to select the color and material of her deck railing, and that the Condominium Trust were well within their authority to require the use of a specific material and color. The Land Court ordered Kellett to pay the appropriate fine issued by the Condominium Trust and to pay the cost to have the work redone by a licensed professional.

Kellett argued before the Land Court that there was nothing in the Condominium’s governing documents regulating the color or material of deck railings and that the exclusive use easement granted to her for the use of her deck entitled her to select and install white vinyl railings. Kellett also argued that her new railings are substantially similar to her old railings, that her neighbors like her new deck, that there have been no complaints regarding her new deck, that her deck is not readily visible to others at the Condominium, that the Trust failed to maintain her deck as they were required to do, and that there are many other exterior features of the Condominium that are white, rather than “Alaskan White.”

In its decision, the Land Court rejected all of Kellett’s argument. Contrary to Kellett’s argument, the Land Court found that the Condominium Trust is empowered by the Condominium’s governing documents to select which colors and materials are appropriate for the common areas within the Condominium. The Condominium’s Rules and Regulations, which govern improvements to common areas and facilities, set forth that “[n]o unit owner is authorized to do any work to any portion of the shared common areas without prior written consent from the Board of Trustees.” If work is done without the prior written consent of the Board, “the unit owner will be assessed a fine and will be responsible for the cost to have the work redone by a licensed professional.” If work is done without the prior written consent of the Board, “the unit owner will be assessed a fine and will be responsible for the cost to have the work redone by a licensed professional.” As part of the Condominium, all unit owners must comply with the provisions of the Condominium’s governing documents, including the Master Deed, the Declaration of Trust, By-laws, and Rules and Regulations. Based on the foregoing, the Land Court found that, although Kellett complied with the Master Deed in that she requested prior written approval to replace her deck in February 2023, Kellett failed to fully comply with the Master Deed when she installed the deck in the unapproved white coloring despite not having approval from the Condominium Trust.¹

Kellett’s argument that the Condominium Trust failed to maintain her deck as it was required to do also failed, as the Condominium Trust has the “sole power to repair, repaint, and redecorate the exterior of the buildings at such time and in such manner as they shall determine to be proper and expedient.” Additionally, Kellett’s deck was on the same maintenance and repair schedule as the rest of the units.

Furthermore, the Land Court determined that it is immaterial that other exterior features at the Condominium are white, that Kellett’s new railings are substantially like her old railings, that her neighbors like her new deck, that there have been no complaints regarding her new deck, and/or that her deck is not readily visible to others at the Condominium. The Condominium maintains full control of the common areas through the architectural integrity clause, which allows the Condominium Trust discretion to select which colors and materials are appropriate for each feature in each individual setting within the Condominium. The Board’s discretion in this manner is simply part of the “relinquishment of some ‘personal choice’ in exchange for the benefits that may be derived from associating with other property owners” inherent in condominium ownership. Lallo v. Szabo, 75 Mass. App. Ct. 1, 4 (2009).

The Land Court’s decision in Kellett exemplifies how critical it is to understand your condominium’s governing documents and the importance of unit owners adhering to same.

¹While the Condominium Trust approved Kellett’s request to use composite material to replace her deck, the Condominium Trust rejected her proposed modification to the deck railing. The Condominium Trust’s property manager provided Kellett with a letter stating that, “the railings are not approved in the white coloring. The railings must match the OSV colors, and the white is not allowed.”