Massachusetts HOA Laws

Massachusetts does not have a single comprehensive statute covering all homeowners associations. Instead, how a community is governed depends on its type and its recorded governing documents (the declaration or master deed, bylaws, and rules).

Condominiums are governed by the Massachusetts Condominium Act, General Laws Chapter 183A, which sets the framework for creating condominiums, common areas, unit owners' associations, assessments, and liens. Most community associations, including many non-condominium homeowners associations, are incorporated as nonprofit corporations under General Laws Chapter 180 (Corporations for Charitable and Certain Other Purposes), which governs formation, membership, boards, meetings, and dissolution. For planned communities that are not condominiums, Massachusetts has no dedicated HOA statute, so those associations are governed primarily by their recorded covenants and by general contract and property law, as interpreted by Massachusetts courts.

Federal laws such as the Fair Housing Act, the FCC OTARD rule on satellite dishes and antennas, and the Fair Debt Collection Practices Act also apply, along with local ordinances.

Official and third-party sources: Massachusetts General Laws (malegislature.gov/Laws/GeneralLaws); Massachusetts Secretary of the Commonwealth (sec.state.ma.us); HOA-USA Massachusetts summary (hoa-usa.com/state-laws/massachusetts).

This overview is general information, not legal advice; consult a Massachusetts attorney or your association's counsel about how these laws apply to your community.

Assessments and liens: Under the Massachusetts Condominium Act (G.L. c. 183A), condominium associations levy common expense assessments and, when they go unpaid, may place a lien on the unit. Massachusetts gives condominium liens a limited priority for up to six months of unpaid common charges (the "super lien"), which can come ahead of a first mortgage, and associations may recover reasonable attorney's fees and costs of collection. Non-condominium homeowners associations collect assessments and enforce liens as allowed by their recorded covenants and general contract and property law. Associations must follow their documents and applicable law when charging late fees and interest.

Meetings, records and elections: Community associations organized as nonprofit corporations under G.L. c. 180 follow that chapter (and the referenced provisions of the Business Corporation Act) for member and board meetings, notice, voting, and the keeping and inspection of corporate records. Owners generally have the right to review budgets and financial records and to participate in elections and major decisions as set out in the bylaws.

Owner rights and dispute resolution: Massachusetts courts have developed significant case law interpreting Chapter 183A and association governing documents, so how a rule or assessment is enforced can depend on both the statute and prior decisions. Owners are protected by the Fair Housing Act, the FCC OTARD rule on antennas and satellite dishes, and the Fair Debt Collection Practices Act. The specific rights, notice requirements and enforcement procedures for your community depend on your master deed or declaration and bylaws read together with state law.