Abstract

In 1954, the Board of Water Commissioners of a local Massachusetts fire district issued a regulation requiring property owners to keep water meters on their premises. In 1986, the board extended the regulation to include separate condominium units. In November 1986 the board determined that meters would have to be installed in all 180 units of Hadley Village, a 13‐building complex built before 1974, which was converted from rental apartments to condominium units in 1987. However, meters were not installed in the units, and the trustees of the condominium complex challenged the board. The Land Court ruled that the 1954 regulation was adopted when ownership of condominium units was “little known” and thus, the board could not have intended its words to apply to that form of ownership. This rationale was affirmed by the Appeals Court. The state supreme court disagreed, saying the board may require separate water meters for each condominium unit.

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