Brookline, Mass., Code of Bylaws ch 5 2 § 5.2.5
Severability (Brookline Condominium Health and Safety at Time of Conversion)
Operative Text
If any provision of this chapter or the application of any provision to any person or circumstance shall be held invalid, the validity of the other provisions or the application of such provision to other persons or circumstances shall not be thereby affected.
Section 5.2.5 of Brookline's Code of Bylaws establishes a severability rule for Chapter 5.2, meaning that if any single part of the chapter is found legally invalid or unenforceable, the rest of the chapter remains in full force. The invalidation of one provision does not automatically bring down the entire regulatory scheme. This is a standard legal safeguard designed to preserve as much of the chapter's protections as possible even when a court or authority strikes down a specific piece of it.
Plain English — not legal advice.
Under § 5.2.5, operators subject to Brookline's Chapter 5.2 regulations should understand that a successful legal challenge to one part of the chapter does not void the chapter as a whole. Compliant property managers generally continue to follow all other provisions of the chapter that have not been specifically invalidated. Staying current on any court rulings or regulatory guidance that affect specific provisions helps ensure ongoing compliance with the portions that remain in effect.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5.2.5 means that even if a particular rule within Brookline's Chapter 5.2 is struck down or found unenforceable, the protections offered by the rest of the chapter are not automatically eliminated. Tenants who believe their rights under other provisions of Chapter 5.2 have been violated can still pursue those claims regardless of any separate legal challenge to a different part of the chapter. Tenant-rights organizations in Brookline can help explain which provisions remain in effect and what general enforcement paths may be available.
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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