Published on: September 27, 2012
Massachusetts has recently passed a law that provides cities and towns may no longer enact ordinances or by-laws that treat pit bulls as dangerous breeds (See Section 31 of Bill S02192). While it may be confusing to some condominium associations, condominiums still have the right to amend the Master Deed and to ban pit bulls within their private communities. However, Condominiums should be aware of this law as many of them have relied upon city ordinances for an effective ban rather than enact their own ban, especially in the City of Boston. Ironically, this law appears to buck the trend nationally. Recently, two Maryland courts (see Tracey v. Solesky and MRA v. Armstrong) have issued decisions involving pit bulls. One found pit bulls to be a dangerous breed per se and the other held pit bull owners strictly liable with respect to third party attacks.