New Marlborough, Mass., Protective By-Laws § 24 (2024) § 24.2
DEFINITIONS
Operative Text
“Caretaker” A local person, including an Owner, who will be responsible for
the operation of a STR in the absence of the Owner. A Caretaker may not be a
corporate entity that manages more than four (4) STR for more than two (2)
Owners.
“Owner” Any person whom alone or severally with others, has legal or equitable
title or beneficial interest in any dwelling unit; is a mortgagee in possession; or
agent, trustee or
person appointed by the courts. An Owner can be a single person, a marital unit,
a group of people, a limited liability company (“LLC”), a corporation, or a trust.
“Short Term Rental” The rental of a whole or a portion of a primary or
secondary residential dwelling unit in exchange for payment, as residential
accommodations for a period of thirty (30) consecutive days or less. The
definition of STR specifically excludes a licensed hotel or motel and seasonal or
long-term rental of thirty-one (31) consecutive days or more.
“Owner-adjacent STR” The short-term rental of a dwelling unit that is not the
Primary Residence of the Owner but is located on the same parcel of land as the
Owner’s Primary Residence.
“Primary Residence” The home you live in the majority of the year.Section 24.2 of New Marlborough's Short-Term Rental By-Law establishes the core vocabulary that governs the entire STR regulatory framework. It defines who qualifies as an "Owner" or "Caretaker," sets the outer boundary of what counts as a "Short-Term Rental" (30 consecutive days or fewer, excluding licensed hotels, motels, and longer-term rentals), and introduces two additional concepts—"Owner-adjacent STR" and "Primary Residence"—that distinguish different categories of rental activity on a given parcel. These definitions shape how every other provision in § 24 is interpreted and applied.
Plain English — not legal advice.
Property owners and managers operating under New Marlborough's Protective By-Laws § 24.2 should be familiar with how each defined term applies to their specific property type and arrangement. Compliant operators generally confirm whether their rental qualifies as a Short-Term Rental (30 days or fewer), identify whether the property is their Primary Residence or an Owner-adjacent STR, and ensure that any designated Caretaker is a local individual or entity that does not manage more than four STRs for more than two Owners. Understanding these definitions is foundational to meeting the requirements set out elsewhere in § 24.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For guests or tenants considering a short-term stay in New Marlborough, § 24.2 clarifies what types of accommodations fall under the town's STR rules—specifically, rentals of 30 consecutive days or fewer in a residential dwelling, excluding hotels, motels, and longer-term arrangements. The definitions of "Owner," "Caretaker," and "Primary Residence" also help clarify who is responsible for the operation of a rental and what kind of property it is. Those with questions about whether a particular rental arrangement is properly classified under these definitions may wish to consult the New Marlborough town offices or a tenant-rights organization familiar with Massachusetts local by-laws.
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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