Massachusetts HOA laws are anchored in two statutes and a body of court decisions: the Massachusetts Condominium Act (M.G.L. c. 183A) governs every condominium in the state, and the Massachusetts Nonprofit Corporation Act (M.G.L. c. 180) governs the corporate side of most associations. Planned communities that aren’t condominiums sit outside Chapter 183A and are governed instead by their recorded declarations and covenants, which Massachusetts courts enforce as contracts. Whether you’re an owner trying to understand a fine or a board member trying to collect an assessment, the answers live in those documents and those statutes.
Which Laws Apply to Your Community
If you live in a condominium, Chapter 183A controls. It sets out how the condominium was created, how common expenses are shared, what powers the organization of unit owners holds, and how the association’s lien for unpaid assessments works.1General Court of Massachusetts. Massachusetts General Laws Chapter 183A – Condominiums Most disputes in Massachusetts condo communities come back to this statute.
Chapter 180 sits alongside it. Because most Massachusetts associations are organized as nonprofit corporations, their directors and officers are held to the standard in Section 6C: act in good faith, use the care an ordinarily prudent person in a similar position would exercise, and make decisions reasonably believed to be in the association’s best interests.2General Court of Massachusetts. Massachusetts General Laws Chapter 180 – Corporations Board members can rely on reports from employees, accountants, or lawyers they reasonably trust, but that protection disappears if a board member has personal knowledge that makes the reliance unwarranted.
If you live in a planned development that isn’t a condominium, Chapter 183A does not apply to you. Your community is governed by the covenants, conditions, and restrictions (CC&Rs) and any declaration of trust recorded at the registry of deeds. Massachusetts courts treat those documents as enforceable contracts as long as they don’t violate public policy or state law, and courts have declined to enforce restrictions that were never properly recorded or disclosed before closing.
Governing Documents: What Each One Can Do
Three documents do the work in a Massachusetts condominium, and knowing which one contains a rule tells you whether that rule is enforceable.
The master deed creates the condominium and sets each unit’s percentage interest in the common areas. That percentage controls how much each owner pays toward common expenses and how much voting power each unit carries. It has to approximate the fair value of each unit relative to the total value of all units when the master deed was recorded.3General Court of Massachusetts. Massachusetts General Laws Chapter 183A Section 5 – Interest in Common Areas or Facilities
The bylaws handle internal operations: board elections, meeting procedures, voting thresholds, and how administrative rules get adopted. Section 11 of the Condominium Act makes certain bylaw provisions mandatory, including a method for adopting rules governing the operation and use of common areas and restrictions on unreasonable interference with other owners’ use of their units and the shared spaces. Amending the master deed or the bylaws usually requires a supermajority vote of owners and, in some cases, consent from lenders holding first mortgages.
Administrative rules and regulations are the third tier, and they are the most limited. In Johnson v. Keith, the Supreme Judicial Court struck down a board-adopted rule banning animals from individual units. The court held that rules under Section 11(d) can only govern the use and operation of common areas and facilities. A rule that reaches inside individual units goes beyond what the statute authorizes unless the same restriction is written into the master deed or bylaws.4Justia. Johnson v Keith
The practical takeaway runs in both directions. Boards that want to restrict what happens inside units have to put the restriction in the master deed or bylaws, where owner approval is required. Owners facing a fine should check whether the rule they allegedly broke appears in the document that has authority to impose it.
Assessments and the Super Lien
Common expenses are divided among owners according to the percentage interests set in the master deed, and the association has to adopt a budget and levy assessments at least annually.5General Court of Massachusetts. Massachusetts General Laws Chapter 183A Section 6 – Common Profits and Expenses Lien Each owner is personally liable for their share, plus late charges, fines, interest, and collection costs including attorney’s fees.
You cannot withhold assessments because you disagree with how the board is spending the money. In Blood v. Edgar’s, Inc., the Massachusetts Appeals Court held that a unit owner may not challenge a common expense assessment by refusing to pay. Even an owner who believes the assessment is unlawful has to pay and then contest it through other legal channels.6Justia. Blood v Edgars Inc
How the Priority Lien Works
The moment a common expense assessment becomes due, the association has an automatic lien on the unit. That lien is powerful. It takes priority over every other lien except liens recorded before the master deed, liens for real estate taxes and municipal charges, and first mortgages recorded before the assessment became delinquent. But it jumps ahead of even a first mortgage for up to six months of unpaid common expenses before the association files its collection suit.5General Court of Massachusetts. Massachusetts General Laws Chapter 183A Section 6 – Common Profits and Expenses Lien This is the “super lien,” and it means a first-mortgage bank can end up behind the association in the priority line.
In Drummer Boy Homes Association, Inc. v. Britton, the Supreme Judicial Court confirmed that an association can file successive lawsuits to create multiple contemporaneous priority liens, each covering up to six months, all with priority over the first mortgage.7Justia. Drummer Boy Homes Association Inc v Britton Long-term nonpayment doesn’t weaken the association’s position; it can keep stacking priority.
Foreclosure and Bankruptcy
Associations enforce their liens through foreclosure under M.G.L. c. 254, Sections 5 and 5A. Fines, attorney’s fees, and collection costs assessed against a specific unit can be collected the same way as unpaid common expenses.
Bankruptcy shifts what’s collectible but doesn’t erase future obligations. Assessments that came due before the owner filed are generally dischargeable in Chapter 7 and Chapter 13 cases. Assessments that become due after the filing are not dischargeable as long as the debtor keeps any legal, equitable, or possessory ownership interest in the unit.8Office of the Law Revision Counsel. United States Code Title 11 Section 523 – Exceptions to Discharge A Chapter 7 filer who keeps the condo still owes every monthly assessment that accrues after filing. If the debtor surrenders the unit through a Chapter 13 plan, post-petition assessments can be discharged because the ownership interest ends.
Board Duties
Board members owe fiduciary duties to the association and its members under Chapter 180, Section 6C. Mixing association money with personal accounts, failing to keep accounting records, or spending outside the board’s authority can expose directors to personal liability.2General Court of Massachusetts. Massachusetts General Laws Chapter 180 – Corporations
Beyond the financial duties, Section 10 authorizes the organization of unit owners to manage and maintain the common areas: hiring contractors, arranging landscaping and snow removal, handling repairs.9General Court of Massachusetts. Massachusetts General Laws Chapter 183A Section 10 – Corporation Trust or Unincorporated Association The organization has the right to enter individual units during reasonable hours for maintenance, repair, or emergency work.10General Court of Massachusetts. Massachusetts General Laws Chapter 183A Section 4 – Exclusive Ownership and Possession Restrictions Boards that neglect common areas, especially when the neglect creates safety hazards, can be sued by owners.
Section 10 also authorizes the organization to obtain insurance on the common areas in its own name, which does not limit an owner’s right to insure their unit separately. Owners selling should confirm that the master policy meets the buyer’s lender’s requirements.
Owner Rights
Records
Massachusetts gives association members a statutory right to inspect books and records. Under M.G.L. c. 180, Section 18, any member may examine books and records at any reasonable time, provided the request serves a proper purpose and isn’t intended to harass the organization or its officers.2General Court of Massachusetts. Massachusetts General Laws Chapter 180 – Corporations If the association stonewalls a legitimate request, you can seek a court order compelling access. Financial statements, budgets, meeting minutes, and vendor contracts are the records most often requested.
Voting and Meetings
Your voting power tracks your percentage interest in the common areas as set in the master deed. Owners vote on budget approvals, bylaw amendments, board elections, and major improvements. Bylaws control the procedures for calling meetings, establishing a quorum, and casting votes. When a board cuts corners on election procedures or ignores its own notice requirements, the resulting board actions are vulnerable to challenge, and courts have invalidated decisions that stemmed from improperly conducted elections.
Compliance
Ownership in a condominium comes with an inherent trade-off. As one Massachusetts appeals court put it, each owner “must give up a certain degree of freedom of choice which he might otherwise enjoy in separate, privately owned property.”11Justia. Noble v Murphy, 34 Mass App Ct 452 You’re bound by the master deed, bylaws, and any properly adopted rules, and refusing to follow them can lead to fines, restricted amenity access, or litigation.
Rule Enforcement and Fines
The organization of unit owners can levy fines for violations of the master deed, trust, bylaws, restrictions, rules, or regulations.9General Court of Massachusetts. Massachusetts General Laws Chapter 183A Section 10 – Corporation Trust or Unincorporated Association Enforcement typically starts with a written notice identifying the violation and an opportunity for the owner to be heard.
Fines have to be reasonable, but small daily fines can add up quickly. In Noble v. Murphy, the Appeals Court upheld a $5-per-day penalty for a pet restriction violation, plus attorney’s fees and enforcement costs, producing a total judgment of over $15,000.11Justia. Noble v Murphy, 34 Mass App Ct 452 If an owner keeps refusing to comply after fines and warnings, the association can seek an injunction.
Enforcement also has to be consistent. Boards that fine some owners for violations they ignore in others risk having their actions challenged as arbitrary. Any fines or enforcement costs assessed against a specific owner become a lien on that unit, enforceable the same way as unpaid common expenses.
Federal Laws That Override HOA Rules
Several federal statutes limit what even a well-drafted set of Massachusetts governing documents can restrict.
Disability Accommodations Under the Fair Housing Act
The Fair Housing Act, 42 U.S.C. § 3604(f), applies to HOAs and condominium associations. An association cannot refuse to allow a disabled resident to make reasonable modifications, at the resident’s expense, when the modifications are necessary for the resident to fully use and enjoy the home. The association also has to make reasonable accommodations in rules, policies, and services when necessary to give a disabled person equal opportunity to use their dwelling.12Office of the Law Revision Counsel. United States Code Title 42 Section 3604 – Discrimination in the Sale or Rental of Housing
In practice, a no-pets policy has to yield to an assistance animal that is connected to a resident’s disability. If the disability is obvious, the board cannot demand medical documentation. If it isn’t apparent, the board may ask for verification that the resident has a disability and that the accommodation is needed, but not for detailed medical records, and any disability information has to be kept confidential. HUD withdrew its prior detailed guidance on evaluating assistance-animal requests in September 2025, so the procedural framework many associations relied on is no longer in effect, though the Fair Housing Act’s underlying requirements remain enforceable.
Flag Displays
The Freedom to Display the American Flag Act of 2005 stops any condominium association, cooperative, or residential management association from adopting or enforcing a policy that restricts a member from displaying the U.S. flag on property the member exclusively owns or possesses.13Office of the Law Revision Counsel. United States Code Title 4 Section 5 – Display and Use of Flag by Civilians An HOA can still impose reasonable time, place, and manner restrictions to protect a substantial association interest, and the flag has to be displayed consistently with federal flag etiquette, but a blanket ban is unenforceable.
Satellite Dishes and Antennas
The FCC’s Over-the-Air Reception Devices rule prohibits HOAs from enforcing restrictions that unreasonably delay or prevent installation of satellite dishes one meter or less in diameter, TV antennas, and certain wireless antennas on property within the owner’s exclusive use or control.14eCFR. 47 CFR 1.4000 – Restrictions Impairing Reception of Television Broadcast Signals An association can require a less visible placement only if that placement doesn’t obstruct signal quality or unreasonably raise installation costs.
Protections for Servicemembers
The Servicemembers Civil Relief Act protects active-duty military members from foreclosure without a court order. Under 50 U.S.C. § 3953, a foreclosure or seizure of property is invalid if it occurs during military service or within one year afterward unless a court has authorized the sale.15Office of the Law Revision Counsel. United States Code Title 50 Section 3953 – Mortgages and Trust Deeds This applies to HOA lien foreclosures. A person who knowingly forecloses in violation of the protection faces fines and up to one year of imprisonment. A servicemember sued for unpaid assessments is entitled to an automatic 90-day stay and can request additional time.
Resolving a Dispute With Your Association
Most HOA conflicts start with assessments, rule enforcement, or a board decision an owner believes is unfair. Many governing documents include internal complaint procedures, and working through those channels first is almost always worth doing, if only to build a record for anything that comes later. Mediation resolves many disputes at a fraction of litigation cost. Massachusetts does not require HOA disputes to go through mediation or arbitration unless the governing documents say so.
If the governing documents contain an arbitration clause, it may be enforceable under M.G.L. c. 251, the Uniform Arbitration Act for Commercial Disputes, which lets courts compel arbitration and confirm, vacate, or modify awards.16Mass.gov. Superior Court Administrative Directive 25-1 – Requesting Judicial Relief Under the Uniform Arbitration Act Arbitration decisions are generally binding and very hard to overturn, so understand that before agreeing.
If internal remedies and alternative dispute resolution fail, you can sue in Massachusetts courts, which review whether the board acted within its governing documents and fiduciary duties. One avenue that generally does not work in this setting: filing a Chapter 93A consumer protection claim. Massachusetts courts have held that internal disputes between unit owners and their community association are not transactions in the conduct of trade or commerce, and so fall outside Chapter 93A’s reach.