Massachusetts HOA Laws Explained: Homeowner Rights & Trustee Obligations

Massachusetts condominium law is primarily governed by M.G.L. Chapter 183A, the Massachusetts Condominium Act. Originally enacted in 1963, this statute provides the legal framework for creating and governing condominiums in the Commonwealth. For non-condominium HOAs (planned communities, subdivisions), governance relies primarily on the association's recorded covenants, restrictions, and bylaws.

Core Statutory Framework — M.G.L. c. 183A

• §1-3 — Definitions and the nature of the condominium interest
• §4 — Exclusive ownership and possession; restrictions on use
• §5 — Each unit's percentage interest in the common areas and facilities
• §6 — Common profits and expenses; the association lien, its 6-month priority, the §6(d) resale certificate, and lien enforcement
• §7 — Contribution toward common expenses (no offset or waiver)
• §8 — Master deed; recording and required contents
• §10 — Organization of unit owners: powers and duties, records access (§10(c)/(d)), and insurance (§10(b)(3), §10(h))
• §11 — By-laws and their mandatory contents
• §17 — Rebuilding or partition following casualty loss
• §24 — Electronic/remote meetings and voting (added 2024)

Condominium vs. HOA in Massachusetts

It is important to understand the distinction between condominiums and HOAs in Massachusetts:

• Condominiums — Governed by M.G.L. c. 183A. Created by recording a master deed. Managed by an organization of unit owners (typically a condominium trust).
• HOAs (planned communities) — Not directly governed by c. 183A. Governed by recorded covenants, conditions, and restrictions (CC&Rs), bylaws, and general Massachusetts contract and property law.
• Both types — Subject to Massachusetts fair housing laws, nonprofit corporation statutes (if incorporated), and common law fiduciary duties.

Compare Massachusetts to neighboring Connecticut (which has the comprehensive CIOA) and New Hampshire (which has a detailed Condominium Act under RSA 356-B).

Massachusetts law and condominium governance principles establish key rights for unit owners. Understanding these rights gives you the tools to challenge improper actions by trustees.

Record Access and Information Rights (§10)

Under M.G.L. c. 183A, §10, unit owners have the right to access condominium records:

• Financial records — Budgets, financial statements, receipts, and expenditure records
• Meeting minutes — Minutes of trustee meetings and unit owner meetings
• Governing documents — Master deed, declaration of trust, bylaws, and rules
• Insurance information — Details of the condominium's insurance coverage
• Assessment records — Records of assessments levied and payments received

Meeting and Participation Rights

• Annual meeting — Unit owners are entitled to meetings as specified in the by-laws (§11) and declaration of trust
• Special meetings — Can be called as provided in the bylaws
• Trustee meetings — Most bylaws require open trustee meetings with notice to unit owners
• Right to vote — On matters specified in the bylaws, including trustee elections and major decisions
• Proxy voting — Generally permitted unless the bylaws specifically prohibit it

Due Process in Enforcement

While c. 183A does not detail a specific fining procedure, Massachusetts law requires:

• Follow governing documents — Trustees must comply with the enforcement procedures established in the trust, bylaws, and rules
• Notice before sanctions — Written notice of the violation before any fine is imposed
• Opportunity to respond — Most governing documents (and common law principles) require an opportunity to be heard
• Good faith requirement — Trustees must act in good faith and for legitimate purposes
• Reasonable enforcement — Sanctions must be reasonable and proportionate to the violation

Protected Activities Under Massachusetts and Federal Law

• American flag display — Protected under federal law (Freedom to Display the American Flag Act)
• Solar panel installation — Massachusetts strongly supports solar energy; M.G.L. c. 40A, §3 limits HOA restrictions on solar installations
• Fair housing — Massachusetts Fair Housing Law (M.G.L. c. 151B) prohibits discrimination based on race, color, religion, sex, national origin, ancestry, age, disability, familial status, sexual orientation, gender identity, genetic information, marital status, and veteran/military status
• Reasonable accommodations — Required for persons with disabilities under both state and federal law

Massachusetts condominium trustees owe significant fiduciary duties to unit owners. These obligations are derived from both the governing documents and Massachusetts common law governing trusts and fiduciary relationships.

Fiduciary Duty Standard

Massachusetts trustees owe the following duties to unit owners:

• Duty of care — Act with the care a reasonably prudent person would exercise in similar circumstances
• Duty of loyalty — Act in the best interests of the association and all unit owners, not personal interests
• Duty of good faith — Act honestly and fairly in all decisions and dealings
• Duty of obedience — Follow the governing documents and applicable law

Governance Obligations Under c. 183A

• Maintain common areas — Keep common elements in good repair and condition (§5)
• Maintain insurance — Provide adequate property and liability insurance (§10(b)(3); blanket fidelity coverage under §10(h))
• Prepare budgets — Prepare annual budgets and make them available to unit owners
• Collect assessments — Assess and collect common expenses fairly (§6)
• Hold meetings — Conduct regular trustee meetings and annual unit owner meetings
• Maintain records — Keep records and make them available to unit owners (§10)
• Provide resale certificates — Furnish the §6(d) certificate of unpaid common expenses for unit sales (within 10 business days of a written request)

Enforcement Obligations

When enforcing rules, trustees must:

• Enforce uniformly — Rules must be applied consistently across all unit owners
• Follow their own procedures — Must strictly follow the enforcement process in the governing documents
• Provide due process — Notice and opportunity to be heard before imposing sanctions
• Act proportionately — Penalties must be proportionate to the violation
• Document actions — Enforcement decisions should be recorded in meeting minutes

What Trustees CANNOT Do

• Cannot self-deal — Cannot use their position for personal financial benefit
• Cannot retaliate — Cannot punish owners for exercising legal rights or filing complaints
• Cannot selectively enforce — Must treat all unit owners equally in rule enforcement
• Cannot discriminate — Must comply with federal and Massachusetts fair housing laws
• Cannot exceed authority — Actions must be within the scope of power granted by the governing documents
• Cannot deny record access — Must provide access to records as required by §10 and the bylaws

Massachusetts provides several pathways for resolving disputes between unit owners and their condominium association or HOA. Understanding your options helps you choose the most effective approach for your situation.

Internal Resolution (First Step)

Start with the association's internal processes:

• Submit a written complaint or request for hearing to the board of trustees
• Follow any grievance or appeal procedures in your bylaws
• Request to address the board at a trustee meeting
• Document all communications in writing

Mediation

Mediation is strongly encouraged in Massachusetts and can be very effective:

• Community Mediation Centers — Massachusetts has a network of community mediation centers that handle neighbor and HOA disputes at low or no cost
• Private mediation — Hire a professional mediator specializing in condominium disputes
• Court-ordered mediation — If a lawsuit is filed, the court may order mediation before trial
• Benefits — Faster, less expensive, and less adversarial than litigation

Massachusetts Attorney General

The AG's office handles certain condominium complaints:

• Financial mismanagement by trustees
• Failure to maintain adequate insurance
• Violations of the Condominium Act
• Consumer protection issues under M.G.L. c. 93A

Court Action

If internal and alternative dispute resolution fails:

• Small claims — For disputes up to $7,000 in Massachusetts small claims court
• District or Housing Court — For moderate disputes; Housing Court has specialized expertise in property matters
• Superior Court — For larger disputes, breach of fiduciary duty claims, or injunctive relief
• M.G.L. c. 93A claims — If the association's conduct constitutes unfair or deceptive practices, you may have a consumer protection claim that allows for treble damages and attorney's fees