Massachusetts HOA Law Changes 2021–2025: What Every Board Needs to Know

<h2>Overview of Massachusetts HOA Law Changes 2021–2025</h2>

<p>Massachusetts condominium associations are governed by the Massachusetts Condominium Act (M.G.L. c. 183A) and operate under a master deed and trust structure. Between 2021 and 2024, Massachusetts enacted several significant updates — electronic meeting and voting authority, EV charging rights, post-Surfside structural inspection mandates, mandatory reserve studies, solar energy rights, and ADU construction protections. Here is a session-by-session breakdown.</p>

<h2>2021 Legislative Session</h2>

<h3>Chapter 53 (2021) — Electronic Meeting and Voting Authority</h3>

<p>Chapter 53 amended M.G.L. c. 183A to permanently authorize Massachusetts condominium associations to conduct trustee meetings and unit owner meetings by electronic means — including video conference and telephone conference. Remote participation counts toward quorum under the same rules as in-person attendance. Electronic voting for trustee elections and unit owner votes is authorized with the adoption of a written policy complying with M.G.L. c. 183A § 10. This change eliminated the legal ambiguity that had made many Massachusetts condo boards reluctant to continue electronic meetings after the COVID-19 emergency ended. Trustees should adopt a written electronic meeting and voting policy if they have not already done so.</p>

<h3>Chapter 63 (2021) — EV Charging Rights in Condominiums</h3>

<p>Chapter 63 enacted M.G.L. c. 183A § 19A, prohibiting Massachusetts condominium associations from unreasonably restricting the installation of EV charging equipment in a unit owner's assigned parking space. Associations may require that installation be performed by a licensed electrician compliant with applicable electrical codes, may require that the owner maintain and annually inspect their equipment, and may require that the owner carry additional liability insurance coverage — but may not deny a properly submitted installation request without documented cause. Associations should adopt a written EV charging installation policy specifying the application process, approval timeline (recommended: 60 days), and installation standards. Denying requests without a policy exposes the association to legal challenges.</p>

<h2>2022 Legislative Session</h2>

<h3>Chapter 258 (2022) — Structural Inspection Requirements for Aging Condo Buildings</h3>

<p>In direct response to the 2021 Champlain Towers South collapse in Surfside, Florida, Massachusetts enacted structural integrity inspection requirements for condominium buildings. Buildings over 5 stories or over 40 years old must be inspected by a licensed structural engineer. The inspection must assess all major structural components — foundation, load-bearing walls, columns, beams, slabs, and any below-grade parking or mechanical areas. A first inspection was required within 5 years of the act's effective date, with reinspection every 5 years thereafter. All unit owners must be notified in writing of the inspection results within 30 days of the trustees' receipt of the engineer's report. If the inspection identifies a structural deficiency, the board must immediately engage an engineer to assess repair options and timeline. Massachusetts condo boards in older or taller buildings must treat this inspection requirement as a top compliance priority.</p>

<h3>Chapter 152 (2022) — Reserve Fund Strengthening</h3>

<p>Chapter 152 amended M.G.L. c. 183A to require all Massachusetts condominium associations with more than 10 units to conduct a reserve study within 3 years of the act's effective date and update the study every 5 years. The study must be performed by a qualified reserve analyst — a licensed engineer, licensed architect, or certified reserve specialist (RS). The annual budget disclosure provided to unit owners must identify the current reserve fund balance, the reserve study's recommended funding target, the current funded percentage, and the annual contribution per the study's recommendations. This is one of the strongest reserve study mandates in the Northeast — Massachusetts trustees who have been operating without a professional reserve study must engage a qualified analyst promptly.</p>

<h2>2024 Legislative Session</h2>

<h3>Chapter 181 (2024) — Solar Energy Rights and Net Metering</h3>

<p>Chapter 181 expanded Massachusetts' solar energy rights to apply expressly to condominium associations, prohibiting restrictions on rooftop solar installation on limited common elements (like exclusive use balconies or roof decks) assigned to individual units. Community solar arrangements on general common elements — where the association installs panels on the common roof and allocates net metering credits pro rata to unit owners based on their proportionate interest — are now expressly authorized under M.G.L. c. 183A. Boards interested in community solar should request a net metering eligibility assessment from a Massachusetts-licensed solar developer and consult with counsel about the contract structure and credit allocation methodology.</p>

<h3>Chapter 204 (2024) — ADU Rights and Common Interest Developments</h3>

<p>Chapter 204 extended Massachusetts' accessory dwelling unit rights legislation to apply to condominiums and planned communities. Associations may not prohibit an owner from constructing an ADU within a unit or on a unit's exclusive use area where permitted by local zoning, provided the owner obtains board design review and applicable building permits. This is a significant change for Massachusetts condo associations — the practical effect is that condominium units in jurisdictions that have adopted ADU zoning may now be modified to include an internal ADU (a separate sleeping area and kitchen) without the association being able to veto the project on a blanket basis. Boards should update their ARC procedures to include an ADU review process that is consistent with Chapter 204's limitations.</p>

<h2>Board Action Checklist</h2>

<ul>

<li>Adopt a written electronic meeting and voting policy under M.G.L. c. 183A § 10</li>

<li>Adopt a written EV charging installation policy under M.G.L. c. 183A § 19A</li>

<li>Schedule a structural integrity inspection for any building over 5 stories or 40 years old — this is now a statutory requirement</li>

<li>Commission a reserve study if one has not been performed in the past 3 years (10+ unit associations)</li>

<li>Include reserve fund funded percentage and annual contribution recommendation in the annual budget disclosure</li>

<li>Update ARC procedures to include solar installation and ADU review processes consistent with 2024 legislation</li>

</ul>

<h2>How APM Helps Massachusetts HOA Boards Stay Compliant</h2>

<p>APM's remote HOA management service monitors Massachusetts M.G.L. c. 183A updates and provides client boards with compliance guidance on structural inspections, reserve studies, EV charging policies, and electronic governance. Our compliance team keeps Massachusetts client procedures current with each legislative change. <a href="/remote-hoa-management/massachusetts">Learn about our Massachusetts remote management services</a>.</p>

<p><em>Legal disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Massachusetts attorney for guidance specific to your community.</em></p>