Quick Answer
Massachusetts regulates condominiums through the Condominium Act, General Laws Chapter 183A, which covers assessments, liens, records and reserves. It has no comprehensive statute for homeowners associations that are not condominiums. Those associations are governed by their recorded declarations, bylaws, the law of the entity they are organized under, such as a nonprofit corporation or trust, and common law.
Which laws govern HOAs and condominiums in Massachusetts
Massachusetts draws a sharp line between condominiums and everything else. Condominiums have a detailed statute. Single-family and townhouse communities that are not submitted to condominium ownership generally do not.
Condominiums: General Laws Chapter 183A
Chapter 183A is the Condominium Act. Section 6 covers common profits and expenses and the lien for assessments, section 10 covers the organization of unit owners, its powers and duties, management, records and reserves, and section 11 lists provisions that condominium by-laws must contain. Chapter 183A also addresses topics such as improvements (section 18), which the other sections cross-reference. Our complete guide to condo associations explains the structure of a condominium.
Non-condominium HOAs
We did not find a Massachusetts statute that comprehensively regulates non-condominium HOAs the way Chapter 183A regulates condominiums. Secondary sources state the same. Rights and duties therefore come from the recorded declaration or restrictions, the bylaws and rules, the corporate or trust law that applies to the association's legal form, and general common law of contracts, property and fiduciary duty. That makes your documents especially important. Read HOA governing documents explained and how an HOA works.
Condominium governance entities
Chapter 183A allows the organization of unit owners to be a corporation, trust or unincorporated association, and a trust or board of trustees often runs day-to-day affairs. Because a trust declaration may differ from a corporate charter, boards should have counsel confirm which rules apply to them.
Massachusetts HOA and condo law at a glance
The table below reflects Chapter 183A as verified on the Massachusetts Legislature's website. It applies to condominiums. For non-condominium HOAs, the entries marked see your documents apply.
| Topic | What Massachusetts law says (condominiums, G.L. c. 183A) |
|---|---|
| Assessments and liens | The association has a lien on a unit from the time a common expense assessment becomes due, and assessments must be made at least annually based on an annual budget. Fees, attorneys' fees, late charges, fines, collection costs and interest may be assessed and are enforceable as common expenses (section 6). Recording of the master deed is notice and perfection, so no separate lien recording is required. |
| Lien priority and notices | The lien is prior to most liens except those recorded before the master deed, a first mortgage recorded before the assessment became delinquent, and tax and municipal liens, but has priority over the first mortgage for up to six months of common expense assessments plus costs and reasonable attorneys' fees. The association must send a delinquency notice after 60 days and a 30-day notice to the first mortgagee before suing (section 6). |
| Records access | Records must be kept in the Commonwealth and available for reasonable inspection by any unit owner or first mortgagee during regular business hours. Owners may photocopy at their own expense, and minutes are to be available by email on request (section 10(c)). |
| Meetings and elections | See your master deed, trust and by-laws. Section 11 lists mandatory by-law provisions, including procedures for hiring personnel and adopting rules, but we did not find statutory election or notice deadlines in the sections reviewed. |
| Reserves | Every condominium must maintain an adequate replacement reserve fund collected as part of common expenses and held in a separate, segregated account (section 10(i)). A supermajority vote of 67 percent in beneficial interest, by annual vote after developer control ends, may modify this requirement (section 10(m)). No dollar formula or mandatory study found. |
| Fines and enforcement | The organization may levy reasonable fines for violations of the master deed, trust, by-laws, restrictions, rules or regulations (section 10(b)(5)), and fines are enforceable as assessments (section 6). |
| Rental restrictions | Leasing limits come from your documents. Separately, if an owner is 25 days late, the association may collect rent directly from a tenant after written notice (section 6). |
| Architectural review | See your master deed and rules. Section 18 governs improvements, and section 10 contains specific provisions on energy devices and EV charging. |
| Board duties | The association must keep records, produce an annual financial report, designate a person to oversee maintenance, and in condominiums of more than ten units carry fidelity insurance (section 10). |
Assessments, liens and collections
Massachusetts gives condominium associations a lien with a limited priority over first mortgages. The statutory lien exists from the time the assessment becomes due, and recording the master deed perfects it. The association generally enforces the lien under General Laws Chapter 254, sections 5 and 5A, and may also sue for money damages or take a deed in lieu.
The details matter for priority. A lien is also prior to the first mortgage, but only for up to six months of regular budgeted common expense assessments immediately preceding the action, plus costs and reasonable attorneys' fees. The priority amount does not include special assessments, late charges, fines, penalties and interest. The 60-day delinquency notice to the owner and mortgagee, and the 30-day pre-suit notice to the mortgagee, matter: failure to send them does not eliminate the six-month priority but removes costs and attorneys' fees from the priority amount. First mortgagees can also request a written payoff statement, which the association must provide within ten days.
The rent remedy in section 6 is practical for rentals. After an owner is at least 25 days late, the association may collect rent from the tenant, as a separate remedy, after a written notice sent by a method that provides a signed receipt and stating the exact amount claimed. For background on the legal limits of association power, see what powers an HOA has.
Meetings, records and transparency
Chapter 183A does not, in the sections we reviewed, set meeting notice periods or election procedures, so these are controlled by your documents and the law of your entity. Records, however, are regulated. The organization must keep a copy of the recorded master deed, the by-laws, the minute book and financial records including receipts, expenditures, invoices, bank statements, reserve records, audits, contracts and current insurance policies. If a manager is responsible for collecting assessments, paying expenses or holding funds, the manager must keep the financial records, which remain the property of the organization and must be turned over on termination.
The party keeping the records must prepare an annual financial report within 120 days after fiscal year-end, including a balance sheet, income and expense statement and statement of funds, and make it available to all unit owners within 30 days of completion. Associations that use a manager can review board member responsibilities to understand what the board must still oversee.
Reserves, fines and management contracts
Massachusetts requires an adequate replacement reserve fund for condominiums, but the statute does not define adequate by a dollar figure in the text we reviewed. Bills to link the term to a reserve study have been filed in prior sessions, so check whether any has been enacted. Separately, section 10 requires reserve account checks to be signed by a board member in addition to the managing agent unless a written agreement says otherwise. Read HOA reserve funds explained.
Two other practical rules affect boards that use managers. A management contract must allow the organization to terminate for cause on ten days' notice with an opportunity to cure and requires no more than 90 days' notice to terminate without cause. For fines, boards should follow the by-laws, give notice and keep records, as our enforcement guide explains, and see HOA rental caps for leasing restrictions.
Recent changes
The current text of sections 6 and 10 includes provisions on energy-saving measures, electric vehicle supply equipment, electronic delivery of minutes and the reserve account, which reflect amendments over time. For a summary of developments, read Massachusetts HOA law changes 2021-2025, and check the Massachusetts Legislature's website for later changes.
Remote HOA management in Massachusetts
Remote management gives a Massachusetts condominium or HOA a professional management team that works through a cloud dashboard for financials and records, online dues collection, digital violation tracking and board support by phone, email and video. Section 10 expressly contemplates managers that handle collections, payments and accounting, so records, bank accounts and reserve signatories should be set up accordingly. Learn about remote HOA management in Massachusetts and see our pricing page.
Rules on manager licensing and registration vary by state, so associations should confirm what applies in Massachusetts. We did not verify an enacted state license specific to condominium managers; bills to create one have been filed, so confirm current requirements with the relevant Massachusetts licensing authorities and your attorney.
Frequently Asked Questions
Does Massachusetts have an HOA law?
For condominiums, yes: General Laws Chapter 183A. For non-condominium HOAs, we found no comprehensive statute, so the declaration, bylaws and general law of the association's legal form apply.
How much can a condo association collect ahead of the first mortgage?
Under section 6, the lien has priority over a first mortgage for up to six months of common expense assessments before an enforcement action, plus costs and reasonable attorneys' fees, though the priority amount excludes special assessments, late charges, fines and interest.
Do Massachusetts condos have to keep reserves?
Yes. Section 10(i) requires an adequate replacement reserve fund held in a separate account, though it can be modified by the supermajority vote described in section 10(m). The statute does not set a dollar amount in the text we reviewed.
Can a condo association collect rent from my tenant?
Yes, in limited circumstances. If an owner has been delinquent at least 25 days, section 6 allows the association to collect rent from a tenant after written notice to the owner stating the amount owed.
Can I see my condo association's financial records?
Section 10(c) says records must be available for reasonable inspection by any unit owner during regular business hours, and the owner may photocopy them at the requester's expense. The annual financial report is due within 120 days after fiscal year-end.
How APM Helps
Association Property Managers offers remote HOA and condo management to boards nationwide from offices in East Lansing, Michigan and Dublin, California. See our association management services, read what HOA management is, or request a free proposal. We provide proposals within three business days; call 810.777.7060 to talk it through.
This article is general information, not legal advice. Laws change and associations differ; consult a licensed attorney in Massachusetts. Last verified October 25, 2026.
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