I recently purchased a condominium unit and I was surprised that in my deed there was not a copy of the plan recorded with the master deed and that the plans recorded with the master deed did not reference the square footage of unit . Why was that?

One of the requirements of our condominium law, MGL Chapter 183A, since it was passed required that a set of floor plans for the building showing the layout, location, unit numbers, and dimensions of the units be recorded with the master deed and bear a verified statement of a registered architect, registered professional engineer, or registered land surveyor certifying that . That was in section 8 of the Act. Section 9 of the Act required that with the first deed of each unit that there be recorded with it a copy of the portion or portions of plans filed with the master deed to which copy should be affixed a verified statement of a registered architect, registered professional engineer or registered land surveyor certifying that the plans show the unit designation of the unit being conveyed, the immediately adjoining units and that they fully and accurately depict the layout of the unit, its location, dimensions, approximate area, main entrance and immediate common area to which it has access, as built. That provision in section 9 was deleted effective April 24, 2008. So there is no longer a requirement to attach a copy of the plans recorded with the master deed with the first deed of a unit. You will also note that it was section 9 that required the approximate area be certified to as well. That is not a requirement of section 8, so that is why you do not see it on the plans recorded with the master deed.

If you have questions about this or any other real estate matter, please contact Tom Bennett at (617) 531-6574 or tvb@barronstad.com.