Massachusetts Condominium Rules and Regulations: Bylaws and Fees

Massachusetts condominium rules and regulations come from three places that stack on top of each other: Chapter 183A of the General Laws, the master deed and bylaws recorded for your specific building, and the administrative rules the board adopts under those documents. Chapter 183A sets the framework — how the condominium is organized, how assessments work, what happens when an owner doesn’t pay, what a buyer is entitled to see before closing — and the building’s own documents fill in everything the statute leaves open. If you own or are about to buy a unit, the practical rules that will affect you sit in a handful of areas: which documents bind you, how the board operates, what you pay and what happens if you fall behind, the 6(d) certificate that appears at every sale, how insurance is split, and how disputes get resolved.

The Documents That Actually Bind You

Three documents control condominium life in Massachusetts. The master deed is the legal backbone, recorded at the registry of deeds where the property sits.¹ It describes the land, the building, and each unit, and it defines what is common area versus privately owned space. The declaration of trust (most Massachusetts condos use a trust structure, though Chapter 183A also allows a corporation or unincorporated association) creates the organization of unit owners that manages the property.² The bylaws handle operational details: elections, meetings, voting, and maintenance responsibilities.

When you sign a unit deed, you are agreeing to follow the bylaws, administrative rules, and any covenants or restrictions in the master deed.³ You cannot use your unit in any way the master deed prohibits. If it says “residential use only,” that binds you and every owner who comes after you. Read the master deed before you buy, not just the marketing materials.

Changes to these documents usually require a supermajority of unit owners, and some amendments require consent from first mortgagees if the governing documents call for it. One change requires unanimity from the owners affected: any amendment that would alter a unit’s percentage interest in common expenses needs the consent of every owner whose assessment would be materially changed.⁴

How the Board Runs the Building

The organization of unit owners acts through a board of trustees (or directors) elected by the owners. The board handles budgets, vendor contracts, rule enforcement, and maintenance decisions. Board members owe fiduciary duties to the owners: they must act in good faith and in the community’s best interests, not to benefit themselves or a small faction. Disputes over whether a board has met that standard are among the most common sources of condominium litigation in Massachusetts.

Financial transparency is built into the statute, not left to the board’s discretion. The organization must provide a financial report to all unit owners within thirty days of its completion, and that report must be available on request to any prospective buyer.² A board that stonewalls a request for financial records is not exercising discretion; it is out of compliance.

Assessments and How Your Share Is Calculated

Every owner pays regular assessments to fund operating expenses: maintenance, insurance premiums, landscaping, snow removal, and contributions to a reserve fund for major repairs. The organization must levy assessments at least annually based on a budget it adopts each year.⁴ Most condominiums collect monthly.

Your share is determined by your percentage interest in the common areas, as stated in the master deed. The master deed can also set assessments based on the ratio of a unit’s area to the total area of all units, adjusted for factors like location, amenities, or limited common areas that benefit the unit.⁴ The formula is locked into the governing documents; the board does not get to reassign shares.

Beyond regular assessments, the board can levy special assessments for unexpected expenses or capital projects. There is also a targeted charge worth knowing about: if an expense results from an owner’s failure to follow the rules, or from misconduct by the owner, family members, tenants, or guests, the organization can charge that expense exclusively to the responsible owner.⁴ Fines assessed against a unit create the same kind of lien as unpaid common expenses.

What Happens If You Fall Behind

The moment an assessment becomes due, the organization automatically has a lien on the delinquent unit.⁴ No filing is required for the lien to attach. It takes priority over nearly all other claims on the property, with three exceptions: liens recorded before the master deed, first mortgages recorded before the assessment became delinquent, and municipal tax liens.

Here is the part that surprises lenders and buyers. Even against a first mortgage, the association’s lien has a “super-priority” for up to six months of regular common expense assessments that came due immediately before the association filed an enforcement action, plus the costs and reasonable attorney’s fees of that action.⁴ The super-priority is limited to regular budget-based assessments; it does not cover special assessments, late charges, fines, penalties, or interest. In a foreclosure, the association collects that six months ahead of the mortgage lender.

The association can also impose late fees, sue for the full balance, or force a sale of the unit to collect. Falling behind on assessments is one of the fastest ways to put ownership at risk.

The 6(d) Certificate at Sale or Refinance

Any Massachusetts condominium sale or refinance runs through a “6(d) certificate,” named after the subsection of Chapter 183A that requires it. The organization issues the certificate stating the amount of any unpaid common expenses and other sums assessed against the unit, including any amount the organization claims has super-priority over a first mortgage.⁴

The organization must furnish the certificate within ten business days of a written request, on payment of a reasonable fee. Once recorded, the certificate discharges the unit from any lien for amounts it does not list. It is binding on the organization, the board, and every unit owner, so what it says is final.⁴ If you are selling, your closing attorney will order one. If you are buying, insist on seeing it before closing. A mortgagee foreclosing on a unit is entitled to the certificate without a fee if it has given the organization notice of the foreclosure.

Common Areas, Limited Common Areas, and Who Pays

Common areas are the parts of the property outside individual units: lobbies, hallways, elevators, recreational facilities, parking structures, and building systems like plumbing and electrical. Every owner has an undivided interest in these spaces, proportionate to their percentage interest in the condominium. The organization is responsible for maintaining, repairing, and improving them, funded through regular assessments.

Chapter 183A also recognizes “limited common areas” — shared spaces designated for the exclusive use of one or a few unit owners. Balconies, assigned parking spaces, and storage units are typical examples. Granting exclusive-use rights to a specific owner requires consent from all owners and first mortgagees of immediately adjoining units, plus 51 percent of first mortgagees who have requested notice of such decisions.⁵ The organization can charge the cost of maintaining a limited common area solely to the owner who benefits from it rather than spreading it across all owners.⁴

For larger common-area improvements, the statute provides a specific framework when at least half of owners agree but fewer than 75 percent do.⁶

Insurance: Two Policies, One Property

Condominium insurance comes in two layers, and confusion between them is one of the most expensive mistakes owners make.

The association carries a master policy covering the building’s exterior, roof, foundation, common areas, and shared building systems. Master policies come in two flavors. A “bare walls” policy covers only the building shell and shared spaces. An “all-in” policy also covers original interior features of each unit, such as builder-installed countertops and flooring, but not personal belongings or owner-installed upgrades.

Individual owners need their own policy, commonly called an HO-6, to cover personal property, interior improvements, liability for incidents inside the unit, and temporary living expenses if the unit becomes uninhabitable. The HO-6 fills the gaps the master policy does not reach, and what those gaps are depends entirely on whether the master policy is bare-walls or all-in. Every owner should request a copy of the master policy’s declarations page and go over it with an insurance agent. Flood, earthquake, and sewer backup coverage typically require separate endorsements even on an HO-6.

Chapter 183A does not require individual owners to carry HO-6 coverage, but many Massachusetts condominiums do require it in the master deed or bylaws, and set a minimum amount. Check yours.

Disability Accommodations Your Board Cannot Refuse

One area where owners often assume the association has more power than it does: pet rules and unit modifications when a resident has a disability. The federal Fair Housing Act requires condominium associations to make reasonable accommodations in their rules and policies when necessary for a person with a disability to have equal use and enjoyment of their home. That includes modifying a pet policy to allow an emotional support animal when a resident has a documented disability-related need, even if the condominium’s rules otherwise prohibit pets. The association can ask for written certification that a household member has a disability, that the animal is needed for that disability, and that the animal provides the claimed assistance.

Associations must also allow residents with disabilities to make reasonable modifications to their units at the resident’s expense. If the modification affects common areas, the association may require restoration when the resident moves out. Buildings constructed after March 13, 1991, with more than four units must meet federal accessibility standards in common areas, including entrances, recreation areas, and laundry facilities, under the 2010 ADA Standards for Accessible Design.⁷

Resolving Disputes with Your Board

Most condominium disputes fall into a few categories: assessment disagreements, rule enforcement conflicts, board decisions that some owners consider overreaching, and claims that the board breached its fiduciary duties. Start with the governing documents. Many require mediation or arbitration before anyone files suit, and a court may enforce that requirement as a prerequisite to litigation. Litigation between an owner and an association is expensive on both sides, since the association’s legal fees come out of the same pool of assessments the owner is paying into.

When disputes do reach court, the Housing Court has broad jurisdiction over housing-related civil actions, including contract and tort claims affecting the health, safety, and welfare of occupants or owners.⁸ The Housing Court shares this jurisdiction with the district court and superior court, so where a case lands depends on the nature and dollar amount of the claim.

1
General Court of Massachusetts. Massachusetts General Laws Chapter 183A Section 8
2
General Court of Massachusetts. Massachusetts General Laws Chapter 183A Section 10
3
General Court of Massachusetts. Massachusetts General Laws Chapter 183A Section 4
4
General Court of Massachusetts. Massachusetts General Laws Chapter 183A Section 6
5
General Court of Massachusetts. Massachusetts General Laws Chapter 183A Section 5
6
General Court of Massachusetts. Massachusetts General Laws Chapter 183A Section 18
7
ADA.gov. ADA Standards for Accessible Design
8
General Court of Massachusetts. Massachusetts General Laws Chapter 185C Section 3