Home › HOA Laws by State › Massachusetts

Massachusetts

Massachusetts HOA Laws: Statutes, Rules & Board Duties

What Massachusetts statutes actually require of community associations — meetings, fines, assessments and liens, records, reserves, architectural review, and the resident protections a board cannot override. Every point is cited to statute.

By the Grihak Team · Researched 2026-07-09

Primary statute: Massachusetts Condominium Act, M.G.L. c. 183A, §§ 1–24 (condominiums only); non-condo HOAs run on their declaration/covenants + M.G.L. c. 180 (nonprofit corporations)

Applies to: Community associations in Massachusetts — with a critical split: **condominiums** (governed by a statute) vs. **HOAs / homeowners' associations** (largely not)

⚠️ Informational summary only — not legal advice. Laws change and facts matter. Massachusetts has no comprehensive HOA statute, so a specific community's rights and duties depend heavily on its own recorded documents. Confirm current requirements with the statute, the governing documents, and a licensed Massachusetts attorney before acting.

Governing statutes

The single most important distinction in Massachusetts: condominiums are governed by the Massachusetts Condominium Act, M.G.L. c. 183A, but there is no general statute governing planned-community / single-family HOAs. Non-condo HOAs are governed primarily by their own recorded declaration, covenants, bylaws and rules, backed by common law (mass.gov c.183A; hoa-usa MA).
Most Massachusetts HOAs (and many condo associations) are also incorporated as nonprofit corporations under M.G.L. c. 180, which supplies default rules on directors, membership, meetings, records and fiduciary duties (steadily MA HOA; hoamanagement MA).
A condominium is created by recording a master deed and organizing the "organization of unit owners" as a corporation, trust, or unincorporated association (M.G.L. c. 183A, §§ 8, 10). Bylaws must contain the mandatory provisions in § 11 (maintenance/repair method, collecting each owner's share of common expenses, hiring personnel, adopting/amending rules, and use restrictions) (§ 11).
HOA gap flag: for a non-condominium HOA, most of the statute-driven protections below (super-priority liens, § 6(d) certificates, statutory records access, § 24 electronic meetings) do not apply by force of law — they apply only if the HOA's own documents or c. 180 provide them. Always read the declaration first (verify against the specific community's documents).

Meetings & notice

Condominiums have no Open-Meeting Act like California's. Meeting frequency, notice, quorum and voting are set by the bylaws (M.G.L. c. 183A, § 11) rather than by a detailed statutory notice regime (§ 11).
§ 24 authorizes electronic meetings and voting: the governing body may hold regular or special meetings by "telephonic or video conference call or other interactive electronic communication process," so long as all participants can simultaneously communicate; electronic attendance counts toward quorum (§ 24).
§ 24 also allows unit-owner meetings to be held remotely and permits voting by mail-in ballot or electronic means, provided a quorum is present; electronic signatures/written consents are allowed where the documents require them (§ 24).
HOA / nonprofit default: if the association is a c. 180 corporation, that chapter supplies default rules on annual meetings, directors and member voting where the bylaws are silent (verify — c. 180 defaults vary by the articles/bylaws).
HOA gap flag: members of a non-condo HOA generally have no statutory right to attend board meetings unless the governing documents grant it.

Fines & enforcement

Condominium fine authority is statutory but general: under § 10 the organization of unit owners may levy reasonable fines for violations of the master deed, trust, bylaws, restrictions, rules or regulations, and may impose charges/interest for late payment of common expenses (§ 10; § 6).
Rules and fines must be "reasonable." Use restrictions on the units themselves must be contained in the master deed or bylaws (not merely a board rule) to be enforceable, and restrictions are judged by an equitable-reasonableness standard — reasonably related to the health, happiness and peace of mind of unit owners (Noble v. Murphy, 34 Mass. App. Ct. 452 (1993)) (masscases; nislick).
No statutory due-process script. Unlike California's § 5855 (advance hearing notice, decision deadlines), c. 183A prescribes no mandatory pre-fine hearing or notice timeline — any such process comes from the governing documents (verify against the community's rules).
"Pay first, dispute later": a unit owner generally must pay a common-expense assessment before challenging it, absent narrow court-approved exceptions (Blood v. Edgar's, Inc., 36 Mass. App. Ct. 402 (1994)) (masscases).
HOA gap flag: a non-condominium HOA's power to fine (and to lien for fines) depends entirely on its declaration/covenants, not on c. 183A.

Assessments, liens & foreclosure

The signature Massachusetts feature — the § 6 super-priority lien. Unpaid common expenses automatically create a lien on the condominium unit (M.G.L. c. 183A, § 6). The lien is prior to all other liens except (i) encumbrances recorded before the master deed, (ii) a first mortgage recorded before the assessment became delinquent, and (iii) municipal real-estate taxes/charges (§ 6).
But the lien leapfrogs even a first mortgage for up to six months of assessments: it is prior to the first mortgage "to the extent of the common expense assessments... which would have become due in the absence of acceleration during the six months immediately preceding institution of an action to enforce the lien," plus costs and reasonable attorneys' fees of the enforcement action (§ 6).
30-day notice to the first mortgagee: at least 30 days before filing a lien-enforcement action, the organization must send notice of its intent to the first mortgagee by certified and first-class mail (where the mortgagee has provided its name/address) (§ 6).
"Rolling" super-priority: Massachusetts courts have recognized that associations can obtain successive six-month super-priority liens for continuing non-payment (massrealestatelawblog). (verify — case-law construction of § 6, not explicit statutory text.)
Scope caveat: the six-month priority over the first mortgage covers regular common-expense assessments and collection costs/fees; the broader lien can also capture late charges, fines, penalties and interest, but those extra items do not share the same first-mortgage-beating priority (§ 6; mbmllc collection). (verify exact allocation.)
HOA gap flag: the § 6 super-priority lien is a condominium-only power. A non-condo HOA has no statutory assessment lien or super-priority; any lien/foreclosure right must come from its recorded covenants and general lien/contract law (verify against the declaration).

Records access

Condominium records access is statutory (§ 10). The organization must keep the master deed, bylaws, minute books, and detailed financial records — "records of all receipts and expenditures, invoices and vouchers authorizing payments, receivables, and bank statements" — up to date within the Commonwealth (§ 10).
Unit owners and recorded first mortgagees may inspect these records during regular business hours and may photocopy at their own expense (M.G.L. c. 183A, § 10) (§ 10).
No detailed response-deadline / copy-fee-cap regime like California's § 5205/§ 5210 — Massachusetts § 10 gives an inspection right but does not set per-request day counts or per-page/per-hour fee caps (verify).
HOA gap flag: for a c. 180 nonprofit HOA, records-inspection rights come from c. 180 and the bylaws, not c. 183A — scope and procedure differ (verify against c. 180 and the bylaws).

Reserves & budgets

Annual financial reporting is required for condominiums (§ 10): a financial report (balance sheet and income statement) must be completed within 120 days of the end of the fiscal year and distributed to all unit owners within 30 days thereafter (§ 10).
Fidelity insurance: condominiums with more than 10 units must carry blanket fidelity coverage of at least one-fourth of annual assessments (excluding special assessments) (M.G.L. c. 183A, § 10) (§ 10).
No mandatory reserve study. Unlike California's § 5550 (reserve study every 3 years) or the SB 326 balcony-inspection regime, c. 183A does not require a periodic reserve study, reserve funding plan, or elevated-element inspection — reserve practice is left to the bylaws/board (verify — no such statutory mandate found).
HOA gap flag: non-condo HOAs have no statutory budget/reserve requirement at all; whatever exists comes from the governing documents or c. 180.

Architectural control

Governed by the master deed / bylaws, not a dedicated statute. A condominium's authority over alterations, additions and improvements flows from the governing documents and § 11's authority to adopt use restrictions and rules (§ 11).
Restrictions must be reasonable and (for unit-use restrictions) recorded in the master deed or bylaws to be enforceable; board decisions are reviewed for reasonableness / good faith, not absolute deference (Noble v. Murphy; mbmllc discretionary decisions).
No statutory approval timeline for architectural applications generally (contrast the EV-specific 60-day default in § 10A, below). Any deadline comes from the governing documents (verify against the community's rules).
HOA gap flag: a non-condo HOA's architectural-review power and any deadlines are purely a matter of its covenants (verify).

Protected activities (what an association generally cannot prohibit)

Solar energy systems: M.G.L. c. 184, § 23C voids any instrument provision that purports to forbid or unreasonably restrict the installation or use of a solar energy system (as defined in c. 40A, § 1A) (§ 23C). Caveat: courts have held this does not automatically override reasonable condominium common-area controls — a master-deed rule requiring trustee approval for common-area installations has been upheld (bowditch). (verify current case law; pending House Bill 3685 would strengthen owner rights against associations — not yet law.)
Electric vehicle charging (M.G.L. c. 183A, § 10A): a condominium organization may not prohibit or unreasonably restrict an owner from installing EV supply equipment; it may impose reasonable application/architectural review but must not willfully delay, and an application is deemed approved if not denied in writing within 60 days. Installation is at the owner's expense, by a licensed electrician, to applicable safety standards (§ 10A).
No Massachusetts statute found protecting many items California protects — e.g., there is no c. 183A analog guaranteeing display of the U.S. flag, political/noncommercial signs, religious door items, drought-tolerant landscaping, clotheslines, or ADUs against association rules (verify — no such statute located; such rights, if any, would come from the governing documents or general law).

Fair housing & assistance animals

State fair-housing law — M.G.L. c. 151B, § 4(6)–(7) — prohibits housing discrimination (including disability discrimination) and applies to condominium associations and HOAs, offering protections comparable to the federal Fair Housing Act (mass.gov assistance animals; bostonfairhousing).
Reasonable accommodations required: associations must make reasonable accommodations in rules, policies and practices when necessary to afford a person with a disability equal use and enjoyment of a dwelling — including allowing assistance animals notwithstanding a "no pets" rule (mass.gov assistance animals).
Emotional-support animals: Massachusetts (via the MCAD under c. 151B) has continued to require associations to consider legitimate ESA accommodation requests, even after a May 2026 HUD guidance memo narrowing the federal view — so state-law protection may be broader than federal for ESAs (meeb). (verify — evolving federal/state interplay.)
Enforcement is through the Massachusetts Commission Against Discrimination (MCAD) or HUD (mass.gov disability rights).

Required disclosures

The § 6(d) certificate is the central statutory disclosure. On a unit resale/refinance, the organization must issue, within 10 days of a written request, a recordable statement of the unpaid common expenses (and other assessed sums) for the unit, including the amount claimed as prior to a first mortgage (M.G.L. c. 183A, § 6(d)) (§ 6; mbmllc 6(d)).
Effect of recording: once the 6(d) certificate is recorded, the unit is discharged from any lien for amounts not stated in it — protecting buyers and lenders from hidden association debt (mbmllc 6(d); nislick 6(d)).
No broad statutory resale disclosure package comparable to California's §§ 4525–4530 (budget/reserve/policy bundle). Financial transparency comes from the § 10 annual report and the § 6(d) certificate (verify).
HOA gap flag: § 6(d) certificates are condominium-only. Non-condo HOA transfer disclosures depend on the covenants (and general real-estate practice), not statute (verify).

Dispute resolution

No HOA/condo-specific IDR or pre-litigation ADR statute. Massachusetts has no analog to California's mandatory internal dispute resolution (§§ 5900–5915) or ADR-before-suit (§§ 5925–5965) requirements — disputes are handled per the governing documents, general civil litigation, or any arbitration/mediation clause the documents contain (verify — no HOA-specific ADR statute located).
Fee-shifting for collections: c. 183A, § 6 lets a condominium recover costs and reasonable attorneys' fees in a successful lien-enforcement action, which shapes collection disputes (§ 6).
Discrimination disputes go to MCAD (c. 151B) rather than any HOA-specific forum (mass.gov disability rights).

Recent changes (2023–2026)

M.G.L. c. 183A, § 24 (electronic meetings & voting): codified authority for condominiums to hold governing-body and unit-owner meetings and to vote electronically / by mail-in ballot (an outgrowth of pandemic-era practice) (§ 24). (verify effective date.)
M.G.L. c. 183A, § 10A (EV charging): relatively recent addition barring associations from unreasonably restricting owner EV-charger installation, with a 60-day deemed-approval default (§ 10A). (verify enactment year.)
Assistance/ESA animals: a May 22, 2026 HUD enforcement-guidance memo narrowed the federal reasonable-accommodation standard toward trained animals, but Massachusetts c. 151B / MCAD protection for ESAs appears unchanged (meeb). (verify — very recent, still developing.)
Pending — House Bill 3685 (solar): would replace c. 184, § 23C to bar HOAs, condo associations and community associations from restricting solar installations. Not yet enacted (bowditch). (verify status — do not rely on as current law.)
No comprehensive HOA statute has been enacted. As of this research, Massachusetts still lacks a general planned-community/HOA act; non-condo HOAs remain governed by their documents + c. 180 (verify — no such statute located).

Sources

Massachusetts Condominium Act, M.G.L. c. 183A (official) — chapter index: https://malegislature.gov/laws/generallaws/partii/titlei/chapter183a
§ 6 (common expenses; super-priority lien; § 6(d) certificate) — https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183a/Section6 ; mass.gov mirror: https://www.mass.gov/info-details/mass-general-laws-c183a-ss-6
§ 10 (powers/duties; records; annual report; fidelity insurance; fines) — https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183a/Section10
§ 10A (EV charging equipment) — https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183a/Section10A
§ 11 (mandatory bylaw provisions) — https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183a/Section11
§ 24 (electronic meetings & voting) — https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183a/Section24
Solar access — M.G.L. c. 184, § 23C — https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter184/Section23C ; condo application caveat (Bowditch) — https://www.bowditch.com/bowditchrealestateblog/2024/05/16/shining-a-light-on-rooftop-solar-for-massachusetts-condo-owners/
Fair housing / assistance animals — M.G.L. c. 151B — https://www.mass.gov/info-details/assistance-animals-in-housing ; https://www.mass.gov/info-details/disability-rights-in-housing ; MCAD ESA update (MEEB) — https://www.meeb.com/marcus-errico-emmer-brooks-newsletter/emotional-support-update
Case law — Noble v. Murphy, 34 Mass. App. Ct. 452 (1993): http://masscases.com/cases/app/34/34massappct452.html ; Blood v. Edgar's, Inc., 36 Mass. App. Ct. 402 (1994): http://masscases.com/cases/app/36/36massappct402.html
6(d) certificate practitioner guides — https://www.mbmllc.com/6d-certificates-massachusetts-condo-law.html ; https://nislick.com/2018/02/26/the-6d-certificate-in-massachusetts-condominiums/
Super-priority / collections — https://www.mbmllc.com/condominium-collection-practices-massachusetts.html ; http://massrealestatelawblog.com/tag/massachusetts-condo-super-lien/
HOA (non-condo) landscape — https://hoa-usa.com/state-laws/massachusetts/ ; https://www.steadily.com/blog/massachusetts-hoa-laws-regulations ; https://www.hoamanagement.com/hoa-state-laws/massachusetts/

Turn Massachusetts's rules into workflows

Noticed agendas, recorded votes, documented violation hearings, and a dues ledger built in — plus an AI assistant grounded in Massachusetts HOA law.

Book a demo

Frequently asked questions

What laws govern HOAs in Massachusetts?

The single most important distinction in Massachusetts: condominiums are governed by the Massachusetts Condominium Act, M.G.L. c. 183A, but there is no general statute governing planned-community / single-family HOAs. Non-condo HOAs are governed primarily by their own recorded declaration, covenants, bylaws and rules, backed by common law (mass.gov c.183A; hoa-usa MA).

Can a Massachusetts HOA fine a homeowner, and what process is required?

Condominium fine authority is statutory but general: under § 10 the organization of unit owners may levy reasonable fines for violations of the master deed, trust, bylaws, restrictions, rules or regulations, and may impose charges/interest for late payment of common expenses (§ 10; § 6).

What are the board meeting and notice rules for Massachusetts HOAs?

Condominiums have no Open-Meeting Act like California's. Meeting frequency, notice, quorum and voting are set by the bylaws (M.G.L. c. 183A, § 11) rather than by a detailed statutory notice regime (§ 11). - § 24 authorizes electronic meetings and voting: the governing body may hold regular or special meetings by "telephonic or video conference call or other interactive electronic communication process," so long as all participants can simultaneously communicate; electronic…

What HOA records can Massachusetts homeowners inspect?

Condominium records access is statutory (§ 10). The organization must keep the master deed, bylaws, minute books, and detailed financial records — "records of all receipts and expenditures, invoices and vouchers authorizing payments, receivables, and bank statements" — up to date within the Commonwealth (§ 10). - Unit owners and recorded first mortgagees may inspect these records during regular business hours and may photocopy at their own expense (M.G.L. c.

When can a Massachusetts HOA place a lien or foreclose over unpaid assessments?

The signature Massachusetts feature — the § 6 super-priority lien. Unpaid common expenses automatically create a lien on the condominium unit (M.G.L. c. 183A, § 6). The lien is prior to all other liens except (i) encumbrances recorded before the master deed, (ii) a first mortgage recorded before the assessment became delinquent, and (iii) municipal real-estate taxes/charges (§ 6).

Does HOA software make a Massachusetts board automatically compliant?

No. Compliance is the board's legal responsibility, guided by your association's attorney. Software like Grihak lowers effort and error by turning requirements into default workflows — noticed agendas, recorded votes, auto-generated minutes, documented violation hearings, permissioned document access, and a timestamped dues ledger — but it supports compliance rather than guaranteeing it.