HOA Laws in Massachusetts

Massachusetts does not have a single comprehensive homeowners association statute. Condominiums are governed by the Massachusetts Condominium Act, General Laws Chapter 183A. Most other HOAs are governed by their recorded documents and by corporate law. This guide summarizes the areas boards ask about most. It is general information, not legal advice.

The governing framework

If your community is a condominium, Chapter 183A controls most operations, including creation, management, common expenses, and liens. If your community is a traditional HOA, there is no detailed statewide HOA code, so your recorded declaration of covenants (CC&Rs) and bylaws carry significant weight. Most Massachusetts HOAs are incorporated as nonprofit corporations, so Chapter 180 governs corporate matters such as member and board meetings, director duties, quorum, and voting.

Meetings and records

For traditional HOAs, meetings, notice, and records access are governed mainly by the bylaws and by the nonprofit corporation law, which gives members certain inspection rights. Condominium associations follow the provisions of the Condominium Act.

Elections and voting

Directors or trustees are elected by the members as provided by the bylaws and the corporation law, with notice, quorum, proxy, and ballot procedures following the governing documents.

Assessments, liens, and foreclosure

Condominium associations may place and enforce a lien for unpaid common expenses under Chapter 183A, which grants a limited priority over a first mortgage for a portion of the debt, and may pursue foreclosure subject to procedure. Traditional HOAs derive their assessment and lien authority mainly from their governing documents. Boards typically involve an attorney for liens and foreclosure.

Fines and enforcement

For most Massachusetts HOAs, the authority to fine comes from the governing documents rather than a detailed state statute. Boards should confirm their documents authorize fines and should provide fair notice and an opportunity to be heard.

Reserves and budgets

Massachusetts does not impose a detailed statewide reserve-study mandate on HOAs. Budgeting and reserve practices follow the community's documents, and funding reserves for major repairs remains a widely recommended practice.

Owner protections on common restrictions

Massachusetts addresses certain owner rights by statute, and the recorded restrictions otherwise control. Owners and boards should read the CC&Rs carefully and confirm any applicable state limits.

Where to get official help

The Massachusetts Condominium Act and the nonprofit corporation law appear in the Massachusetts General Laws. Because Massachusetts leaves much to the governing documents for traditional HOAs, consulting a Massachusetts attorney experienced in community association law is especially valuable.