Brookline, Mass., Code of Bylaws ch 5 2 § 5.2.3
Enforcement (Brookline Condominium Health and Safety at Time of Conversion)
Operative Text
A. The Building Department shall be responsible for enforcing the provisions of Section 5.2.1 and may issue orders and promulgate regulations to effectuate the purposes of Section 5.2.1 and to establish procedures thereunder. B. Any owner who converts property in violation of Section 5.2.1 or of any regulation adopted or order issued pursuant thereto shall be punished by a fine of not more than $50. Each unit converted in violation of Section 5.2.1 and each day of continued violation for such unit shall constitute a separate offense. C. The District Court Department, Brookline Division, and the Superior Court Department shall have jurisdiction over any action arising from any violation of Section 5.2.1 or any regulation adopted or order issued pursuant thereto and shall have jurisdiction in equity to restrain any such violation.
Brookline, Mass., Code of Bylaws CH. 5 2 § 5.2.3 establishes that the Building Department is the primary enforcement authority for the conversion restrictions set out in Section 5.2.1, with power to issue orders and adopt regulations. Owners who convert property in violation of those rules face fines of up to $50 per offense, and critically, each converted unit and each day a violation continues counts as a separate offense, meaning penalties can accumulate quickly. Both the Brookline Division of the District Court and the Superior Court have jurisdiction over violations and can issue equitable relief, including orders to stop an unlawful conversion.
Plain English — not legal advice.
Under § 5.2.3, property owners and managers are expected to ensure that any conversion activity fully complies with Section 5.2.1 before proceeding, since the Building Department has broad authority to issue orders and regulations enforcing those rules. Compliant operators typically review applicable conversion requirements in advance, respond promptly to any Building Department orders, and halt any activity that could be deemed a continuing violation — because each unit and each day of non-compliance is treated as a separate offense. Courts in Brookline also have equitable powers under this section, meaning a judge can order a conversion stopped entirely, not just impose fines.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 5.2.3 gives tenants and other affected parties a clear enforcement framework: the Building Department can receive complaints and issue orders against owners who convert property in violation of Section 5.2.1. Because each unit and each day of a continuing violation constitutes a separate offense, ongoing unlawful conversions may generate accumulating fines against the owner. Tenants who believe a conversion violates Section 5.2.1 may consider contacting the Brookline Building Department to report the issue, or consulting a tenant-rights organization about whether court action — including equitable relief — might be available through the District Court or Superior Court under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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