November 3, 2026

Misled by your condo board? You may have the right to sue

If a trustee or board member deceived or misled you, and you lost money because you relied on what they said, you are not powerless. Massachusetts law gives owners real tools. Here is how they work and how to use them.

This is general information for condo owners anywhere in Massachusetts. We are not saying any of this happened at 3920.

General information only, not legal advice. Deadlines and outcomes depend on your facts. Talk to a Massachusetts lawyer about your situation.

The short answer

Yes, an owner who was deceived or misled can often sue. The strongest claims are usually fraud (deceit) and negligent misrepresentation. Both are ordinary Massachusetts tort claims that do not depend on special condo rules. Board service does not put anyone above the law, and volunteer protections have limits, especially for intentional deception.

Claim 1: Fraud (deceit)

The Supreme Judicial Court has said that to win a fraud claim, a plaintiff must show the defendant made a false representation of a material fact, knowing it was false, to get the plaintiff to act on it, and that the plaintiff relied on it to their detriment (Balles v. Babcock Power Inc., 476 Mass. 565 (2017)). In plain English:

• A false statement of fact. “The roof was replaced last year” is a fact. “This is a great building” is opinion and usually won’t count.
• They knew it was false (or stated it as true of their own knowledge when they didn’t know).
• You reasonably relied on it. Your reliance must be justifiable. If the truth was obvious or in a document you had, this gets harder.
• You lost money because of it.

Claim 2: Negligent misrepresentation

You do not have to prove a board member lied on purpose. Massachusetts courts allow a claim when someone, in the course of their business or a transaction in which they have a financial interest, supplies false information for the guidance of others in their business transactions, the plaintiff justifiably relies on it and loses money, and the speaker failed to use reasonable care or competence in getting or sharing the information (Nota Constr. Corp. v. Keyes Assocs., 45 Mass. App. Ct. 15 (1998); Golber v. BayBank Valley Trust Co., 46 Mass. App. Ct. 256 (1999)). Whether a volunteer trustee fits this “business” setting can be disputed, so ask a lawyer to evaluate it.

What about “breach of fiduciary duty”?

Many owners assume trustees owe them personally a fiduciary duty. Be careful here. In Office One, Inc. v. Lopez, 437 Mass. 113 (2002), the SJC held that condo trustees, in that capacity, owe no fiduciary duty to individual unit owners; any such duties run to the condominium trust. That does not end your options. It means fraud and misrepresentation are usually the better fit. Fiduciary-type claims may still be brought on behalf of the trust, and a trustee acting outside the trustee role or with a conflict of interest can face other claims (see Williamson v. Barlam, Mass. App. Ct. 2024).

Chapter 93A (consumer protection): limits

Chapter 93A covers unfair or deceptive acts “in the conduct of any trade or commerce” (G.L. c. 93A, § 2), and can allow multiple damages and attorney’s fees. But in Office One the SJC held that volunteer condo trustees dealing with owners in a purely private relationship were not engaged in trade or commerce, so 93A did not apply. 93A may still reach a paid management company, a developer, or a seller in a business transaction. Ask a lawyer whether anyone involved was acting in trade or commerce. A 93A claim against a consumer defendant generally requires a written demand letter at least 30 days before suing (c. 93A, § 9).

Your rights under Chapter 183A and your condo documents

Under G.L. c. 183A, § 10, the organization of unit owners must keep records, including the master deed, bylaws, rules, meeting minutes, financial statements, and contracts, and make them available for inspection by unit owners at reasonable hours on reasonable notice. These records can prove what was said and what the board actually knew. Your master deed, declaration of trust, and bylaws set out the board’s powers and procedures; read them alongside the statute.

Defenses you should expect

• Business judgment. Courts generally do not second-guess good-faith board decisions. But a false statement of fact is different from a judgment call; deception is not a “business decision.”
• Volunteer immunity, G.L. c. 231, § 85W. It protects unpaid (or paid no more than $500 a year) officers, directors, or trustees of a nonprofit charitable organization. Whether a condo association counts is debatable. Even where it applies, it does not cover acts “intentionally designed to harm” or grossly negligent acts that cause harm.
• Exculpation and indemnification clauses. Many trusts’ documents limit trustee liability or promise to reimburse trustees, often excluding bad faith or willful misconduct. Read the exact wording. Indemnification also matters because it may mean the association (and its insurance) pays.

Deadlines: don’t wait

• Tort claims, including fraud and negligent misrepresentation: generally 3 years (c. 260, § 2A).
• Chapter 93A claims: 4 years (c. 260, § 5A).
• Under the Massachusetts discovery rule, the clock may start when you knew, or reasonably should have known, that you were harmed by the defendant’s conduct (Bowen v. Eli Lilly & Co., 408 Mass. 204 (1990)). Don’t count on it stretching your deadline; act early.

How to assert your rights, step by step

1. Save everything now. Emails, letters, notices, newsletters, meeting minutes, recordings you lawfully made, texts, and proof of what you paid or lost. Write down who said what, when, with dates.
2. Put it in writing to the board. State the statement, why it was false, your reliance, and your loss. Ask for a correction and a response by a date.
3. Request records under c. 183A, § 10. Ask in writing for the minutes, contracts, reports, and financials related to the statement.
4. Send a demand letter. Name the amount and the basis. If 93A may apply to any party, follow the § 9 demand-letter rules.
5. Small claims for smaller losses. Massachusetts small claims handles claims of $7,000 or less (c. 218, § 21; Mass.gov). It is informal and inexpensive.
6. Consider mediation. Mediation can get a faster, cheaper resolution, and some condo documents require it.
7. Consult a lawyer. Many offer a first consultation. Bring your timeline and documents.

Sue the association, the individual trustee, or both?

Suing the association/trust may reach its insurance and funds, but remember those funds come from all owners, including you. Suing an individual trustee makes most sense where that person personally made a knowingly false statement; fraud is the claim least likely to be blocked by volunteer immunity or exculpation clauses. Many cases name both. A lawyer can help you decide based on the documents, the insurance, and who actually said what.

The bottom line

If you were deceived or misled and it cost you money, you have options. Gather your proof, use your records rights, put your claim in writing, and watch the deadlines. Owners who act early and document carefully are in the strongest position.

Sources

• G.L. c. 183A, § 10 — malegislature.gov
• G.L. c. 93A, §§ 2, 9 — § 2, § 9
• G.L. c. 231, § 85W — malegislature.gov
• G.L. c. 260, §§ 2A, 5A — § 2A, § 5A
• G.L. c. 218, § 21 (small claims) — mass.gov; Mass.gov, Small Claims Court
• Office One, Inc. v. Lopez, 437 Mass. 113 (2002)
• Williamson v. Barlam, Mass. App. Ct. No. 22-P-985 (2024)
• Balles v. Babcock Power Inc., 476 Mass. 565 (2017)
• Nota Constr. Corp. v. Keyes Assocs., Inc., 45 Mass. App. Ct. 15 (1998); Golber v. BayBank Valley Trust Co., 46 Mass. App. Ct. 256 (1999)
• Bowen v. Eli Lilly & Co., 408 Mass. 204 (1990)

General information only, not legal advice.