A condominium association in Boston has a policy requiring board approval for all unit sales and has rejected three consecutive applicants who are of the same national origin. The unit owner files a complaint under MGL Chapter 151B. The association argues it is exempt because it is a private organization governing its own members. Which of the following is the most accurate statement of Massachusetts law?
Correct Answer
D) The association is subject to Chapter 151B, and a pattern of rejections based on national origin may constitute unlawful discrimination
Condominium associations in Massachusetts are subject to MGL Chapter 151B. The private nature of the association does not exempt it from fair housing obligations. A pattern of rejecting applicants of a specific national origin in the exercise of a board approval right can constitute unlawful discrimination under Chapter 151B, which prohibits discrimination in the terms, conditions, and privileges of the sale of housing. National origin is a protected class under both Chapter 151B and the federal Fair Housing Act.
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Related Concepts
Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.
Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
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