On this page: Does this apply to you? · Behind on condo fees · Buying or selling: the 6(d) certificate · Records: the seven-year rule · Trustees and boards · Budgets, reserves and insurance · EV chargers: deemed approved · Solar, ADUs and old restrictions · Condo or HOA at a glance · Who to ask · What changes next
Does this apply to you?
Find your community's founding document at the registry of deeds. If it is a master deed that submits the property to chapter 183A, you live in a condominium. If it is a declaration of covenants or restrictions, you're in an HOA. That one fact decides almost everything on this page.
Section numbers on this page are from chapter 183A, the condo law, unless another chapter is named.
| Your home | Main law | Worth knowing |
| Condo unit, of any age | c. 183A, once a master deed is recorded (§2) | No condo is exempt, but some duties depend on size: fidelity insurance above ten units (§10(h)) and a CPA review at 50 units or more (§10(d)). |
| House or lot in an HOA | No general HOA statute was found. Your recorded covenants, trust or corporate documents, and the law on restrictions (c. 184, §§23, 26 to 30) | Chapter 183A does not apply, except its EV charger rule (§10A). The solar rule (c. 184, §23C) and the federal antenna rule (47 C.F.R. 1.4000) also reach HOAs. |
| Townhome | c. 183A if it is a condo unit; the covenants if it is an HOA lot | Only the recorded documents tell you; don't guess from the building style. |
| Housing co-op | c. 157B, Cooperative Housing Corporations | Owners hold shares and a proprietary lease, not a deed, so chapter 183A does not apply (our reading), except the EV rule, which names co-ops (§10A(a)). Co-ops are rare; read your own documents. |
Check this one. Many Massachusetts condos are run as a condominium trust, so the board is often called "the trustees". An HOA's power to fine, take a lien or foreclose comes from its recorded documents and the courts. A condo inside a larger HOA follows chapter 183A for the condo and the HOA's covenants for the rest. All three are our reading: check your documents at the registry and ask a Massachusetts attorney.
No state agency oversees condos. EOHLC's condominium page (linked below) says: "The Commonwealth of Massachusetts does not have any jurisdiction or regulatory oversight over Condominiums." No HOA regulator was found either.
Behind on condo fees: the lien and the six months
This section is condo only.
Check this one: HOAs. No statute gives a Massachusetts HOA a lien, a priority or a collection procedure (our reading). Practitioners say lien and priority terms modeled on chapter 183A have to be written into an HOA's own documents. Read your declaration and ask a Massachusetts attorney.
What you owe
- All of it. You're personally liable for your share of the common expenses, including late charges, fines, penalties and interest, plus collection costs and attorneys' fees (§6(b)).
- No offset. No owner is entitled to "an offset, deduction, or waiver", even by not using the common areas or abandoning the unit (§7). So you can't hold back fees over a dispute with the board.
- Late charges and fines. The association may charge late fees and interest and "levy reasonable fines" (§10(b)(5)). We found no cap or fine hearing procedure in chapter 183A; your bylaws set the rest.
- The lien. The association has a lien on your unit for assessments, ahead of everything except liens recorded before the master deed, a first mortgage recorded before the assessment became delinquent, and real estate taxes and municipal charges (§6(c)).
Six months ahead of the first mortgage
Even against that first mortgage, the lien comes first for the assessments of "the six months immediately preceding institution of an action" to enforce it, plus that action's costs and reasonable attorneys' fees (§6(c)). Special assessments, late charges, fines, penalties and interest are left out of the six months (§6(c)).
In Drummer Boy Homes Ass'n v. Britton (Supreme Judicial Court, 2016), the court held that an association "may file successive legal actions", each lien with "a six-month period of priority over the first mortgage".
Check this one. We read Drummer Boy from a copy of the decision, not the official reporter. Ask a Massachusetts attorney how it applies to you.
The notices: 60 days, then 30 days
- At 60 days overdue, the association must send you a notice of the amount, and the same to your first mortgagee if the lender has given the association its name and address, by certified and first class mail (§6(c)).
- 30 days before suing, it sends that lender a notice of intent, by the same mail and on the same condition (§6(c)).
- Notices skipped? The priority for up to six months' fees stays, but then leaves out costs and attorneys' fees (§6(c)).
Check this one. The 60 days is how long fees must be overdue before notices go out, not a warning period before a lawsuit. The lender's notice before a lawsuit is 30 days.
When the lender pays instead
Enforcement stops if your first mortgagee agrees in writing, without a lawsuit, that a priority lien exists; pays within 60 days the six months of regular fees before the delinquency notice, plus the association's costs and reasonable attorney's fees; and then pays future fees and special assessments (other than for improvements) within 30 days of each due date until its mortgage is foreclosed or no longer on the unit (§6(c)).
Check this one. Whether the lender can add what it pays to your loan depends on your mortgage, not chapter 183A. Ask your lender.
Your tenant's rent
- After 25 days behind, the association may collect your tenant's rent, after written notice to you of the exact amount, with a signed receipt (§6(c)).
- Ten days to answer. Your written response must be "signed under the pains and penalties of perjury", with proof such as a canceled check for monthly fees and, for other charges, your grounds and the amount, if any, you admit you owe (§6(c)).
- No proper answer, or an answer admitting a debt, and the association may direct the tenant to pay it, up to the lesser of the amount claimed or the amount admitted. A knowing material misrepresentation can cost three times the amount owed, and you may not retaliate against a tenant who pays (§6(c)).
The court and the sale
- A lawsuit first. The lien is enforced under chapter 254 (§6(c)): a civil action in the superior court or district court where the land lies, with the complaint recorded at the registry within thirty days "or such lien shall be dissolved" (c. 254, §5).
- Then a court-ordered sale. Once the court establishes the amount, it orders the sale. Notice is published once a week for three weeks, the first at least 21 days before the sale (c. 254, §5A).
- No buying it back. The sale conveys the unit "free of any right of redemption" (c. 254, §5A).
Check this one. Our reading is that a condo association cannot sell a unit for unpaid fees without a court judgment and order. Section 5A requires the newspaper notice and any further notice the court orders, but sets out no mailed notice to the owner and no payoff step before the sale. Ask the association's attorney for a payoff figure in writing.
Payment plans. We found no right to a payment plan in chapter 183A, and no 30-day cure step before the lien. A plan is the board's choice. Ask in writing, early.
Letters for this: the ledger, the priority amount, copies of the notices, which rule allows a charge, a sworn answer to a rent notice, a payment plan, a 6(d) statement and a payoff figure.
Buying or selling: the 6(d) certificate
We found no Massachusetts law requiring a resale package for condos or HOAs. What a condo has is the 6(d) statement, usually called the "6(d) certificate". It is condo only; HOAs have no equivalent.
- What it shows. Unpaid common expenses and other sums assessed against the owner, including the amount the association claims has priority over a mortgage (§6(d)).
- Ten business days (not calendar days) after the association receives a written request (§6(d)).
- A "reasonable fee". The statute sets no dollar figure. A mortgagee that has given notice it intends to foreclose pays no fee in connection with that foreclosure (§6(d)).
- Binding on the association, its board and every unit owner (§6(d)).
- Recording clears other sums. Recorded at the registry of deeds, it discharges the unit "from any lien for other sums then unpaid". For a trust or unincorporated association, it must cite the book and page (or document number) of the signers' authority (§6(d)).
Check this one. The statute says "a written request" but not who may ask. In practice the seller's attorney or the closing attorney orders it and records it at closing (our reading). The lien runs with the unit (§6(c)), so make sure it is recorded. The statute names no penalty for missing the ten business days.
What else to read
- The master deed states use restrictions (§8(g)) and how it can be amended (§8(h)).
- Your percentage follows the unit's approximate share of fair value when the master deed was made (§5(a)), and fees are assessed by it (§6(a)(i)).
- Records are open to owners (§10(c)), so a buyer asks through the seller (our reading).
Things that can surprise a buyer
- The 75% vote. If 75% of owners approve a common-area improvement, every owner pays. If it costs more than 10% of the condo's value, an owner who disagreed may ask the superior court to make the association buy the unit "at fair market value" (§18(b)). Between 50% and 75%, only those who agreed pay (§18(a)).
- Special assessments. Apart from §18 improvements and common-area EV equipment (§10(b)(6)), chapter 183A sets no procedure; the power comes from the master deed and bylaws (our reading). Ask what has been voted or proposed.
- A charger comes with duties. An owner who installed one must tell buyers it is there, who owns it, the owner's duties under §10A, whether it is removable and whether the owner plans to remove it (§10A(e)).
Letters for this: requesting the 6(d) statement, chasing a late one, questioning one, an owner's records request, the seller's questions on special assessments, the buyer's document list, a closing charge query, and a new owner's introduction.
Records: the seven-year rule
This is condo only. The association must keep the master deed and bylaws as recorded and amended, the minute book "to the extent such minutes are kept", and its financial records, including bank statements, reserve fund records, audits, contracts and "all current insurance policies" (§10(c)).
- Seven years, inside Massachusetts. Records are kept up to date "within the commonwealth" and "retained for a period of at least seven years" (§10(c)).
- Open to owners and recorded first mortgagees during regular business hours, with the right to photocopy at their own expense (§10(c)).
- Minutes by email to any owner who asks (§10(c)).
- A manager's records belong to the association, and are handed over when the contract ends (§10(c)).
Check this one. We found no deadline in days, copy-fee cap, daily fine or duty to post records online. The 5 and 10 business day deadlines and $100 fines you may read about are in S.980, a bill that is not law as of October 2026. Ask in writing and keep a copy.
Letters for this: inspecting and copying records, minutes by email, the annual financial report, and minutes and records about an EV application.
For trustees and boards
This section is condo only. An HOA board follows its own documents.
Remote meetings and votes, permanent since 6 August 2024
- Board meetings may be held by phone or video, whatever the documents say, if everyone can communicate at the same time. The board may vote and approve minutes by email (§24(a)).
- Owner meetings may be held electronically, with "reasonable measures to ensure that unit owners can participate fully" and notice with access details (§24(b)).
- Owner votes may be by mail-in ballot or electronic, but "a quorum of unit owners shall be present for the vote" (§24(c)).
Check this one: your bylaws decide the rest. We found nothing in chapter 183A on open board meetings, notice periods, quorum size, proxies, elections, term limits or board size; many bylaws allow owners to attend. There is no statutory owner vote on the budget: fees are assessed "based on a budget adopted at least annually" (§6(a)(i)).
Managers
- Ending the contract. For cause, on ten days' notice with a chance to cure. Without cause, the association never has to give more than ninety days' notice (§10(e)).
- Reports. A manager handling money reports in writing at least monthly, or less often after the yearly 67% vote, "but in no case less frequently than quarterly" (§10(f)(1)). Reserve and other funds must never be commingled with the manager's own (§10(f)).
- Maintenance contact. Owners must be told in writing who oversees common-area maintenance. An owner who rents out a unit names a responsible person to the tenant and the association (§10(k)).
The developer and the documents
- The developer may not use association funds for construction, development or marketing, its own share of fees, or costs not directly related to running the condominium (§10(j)).
- A bylaw that blocked lawsuits. A developer-written bylaw requiring 80% written owner consent before trustees could sue over the common areas was void as against public policy when used to block defect claims against the developer (Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC, Supreme Judicial Court, 2018).
- Silent lenders count as yes. Where an amendment needs mortgagee consent, consent is "deemed given" if a first mortgagee sent written notice by first class and certified mail does not object within 60 days of mailing (§23).
Check this one: your duties. Chapter 183A sets no fiduciary standard; your duties come from your trust or bylaws and general Massachusetts law. Ask the association's attorney. We read Cambridge Point from summaries, not the official reporter.
Letters for this: who oversees common-area maintenance, ending a manager's contract for cause, and getting the records and funds back from a manager.
Budgets, reserves and insurance
This section is condo only. We found no statute on HOA budgets or reserves.
- The budget. Fees are assessed by percentage interest, "at least annually, based on a budget adopted at least annually" (§6(a)(i)). Costs caused by one owner's misconduct or failure to comply can be charged to that owner alone (§6(a)(ii)).
- Reserves are required. "All condominiums shall be required to maintain an adequate replacement reserve fund", kept separate from operating funds (§10(i)).
- Two signatures. Reserve account checks need a board or association member's signature as well as the managing agent's, unless a written agreement says otherwise (§10(g)).
- The financial report (balance sheet, income and expense statement, fund statement) is due within 120 days of year end, and is made available to all owners within 30 days of completion (§10(d)).
- CPA review. At 50 units or more, yearly unless owners vote for less often, and at least every two years. Under 50, only if a majority in beneficial interest votes for one. Any owner may commission a review or audit at their own cost, and the association "shall fully cooperate" (§10(d)).
- Fidelity cover. Over ten units, blanket fidelity insurance of at least a quarter of the annual assessments, excluding special assessments (§10(h)).
- The yearly 67% vote. After the developer hands over control, owners can vote each year, by 67% in beneficial interest, to modify the reserve, CPA review, manager report, check signature and fidelity rules. A majority in beneficial interest can undo it at any time (§10(m)).
Check this one. "Adequate" is not defined. We found no Massachusetts statute requiring a reserve study or a set percentage; those are in S.980, which is not law. Property insurance requirements come from the master deed, bylaws and lenders, not from chapter 183A as we read it.
Letters for this: the annual financial report, a vote on a CPA review, an owner's own review or audit, and the seller's questions about the reserve vote and special assessments.
EV chargers: deemed approved in 60 days
This rule sits in the condo law but binds "a condominium association, homeowners' association, community association, cooperative, trust", among others (§10A(a)). So it covers condos, HOAs and co-ops, since 18 February 2025 (St. 2024, c. 239, s. 86).
- No ban. The association "shall not prohibit or unreasonably restrict" EV charging equipment in your own or exclusive-use area, including a deeded or exclusive-use parking space (§10A(a), (b)).
- Reasonable limits only: ones that don't significantly raise the cost or cut efficiency or performance, and don't effectively prohibit installation (§10A(a)). The association must give substantial weight to "threats posed by climate change" (§10A(b)).
- The application. The association may require one, through its usual architectural process, which "shall not be willfully avoided or delayed". It must approve, in writing, if you comply with §10A and any architectural standards (§10A(d)).
- Day 60. An application not denied in writing "within 60 days after the date of receipt thereof" is deemed approved, unless the delay comes from "a reasonable request for additional information" (§10A(d)).
- Fees. Only reasonable processing fees, and only if all architectural applications pay one (§10A(d)).
- Your side. You pay, use a licensed contractor or electrician, and meet health, safety, zoning and permit rules (§10A(c)). You pay upkeep, damage and electricity (on your own utility account unless your licensed installer deems that "impossible"), remove it when needed for repairs, and disclose it to buyers (§10A(e)).
- Building chargers. The association may put chargers in common areas with "appropriate terms of use" (§10A(f)). In a condo, a majority of owners attending a properly noticed meeting can approve them without the §18 improvement vote (§10(b)(6)).
Check this one: count from receipt. Send your application in writing and keep proof of when it arrived. Our reading is that a reasonable request for information pauses the clock. The rule covers EV chargers alone, not solar panels or ADUs.
Letters for this: the application cover letter, the date of receipt, answering a request for more information, deemed approval, reasons after a denial, an application fee, and minutes about your application.
Solar, ADUs and old restrictions
- Solar and HOAs. Any provision in an instrument about real property that "purports to forbid or unreasonably restrict" a solar energy system "shall be void" (c. 184, §23C). That reaches HOA covenants and deed restrictions.
- Solar and condos. Solar on the common areas is an improvement under §18 and needs those votes (§10(b)(6), since 18 February 2025). There is no deemed approval for solar.
- ADUs. Since 2 February 2025, zoning must allow one ADU on a lot in a single-family district, up to half the main home's floor area or 900 square feet, whichever is smaller (760 CMR 71.00). But the state's ADU FAQ says "The ADU law does not address Homeowners' Associations (HOAs)," so HOA rules can still restrict ADUs.
- Dishes and antennas. A federal rule limits covenant and association rules on small satellite dishes and TV antennas on property you own or lease and have exclusive use or control of (47 C.F.R. 1.4000).
Check this one. How the solar law applies to a condo's master deed or bylaws is not settled by the text we read. Ask a Massachusetts attorney.
Old HOA restrictions can expire
- Thirty years. Restrictions "unlimited as to time" last thirty years from the deed or other instrument, with some exceptions (c. 184, §23).
- Imposed after 1961? Unenforceable after thirty years unless part of a common scheme for four or more parcels with an extension (up to twenty years at a time, by owners of 50% or more of the restricted area) recorded in time, or a notice of restriction was recorded before the thirty years ran out (c. 184, §27).
- Real benefit. A restriction is enforced only if it is "of actual and substantial benefit" to whoever claims the right to enforce it, and in some cases, such as changed conditions, a court may award money damages instead (c. 184, §30).
Check this one. An old HOA covenant may have quietly expired. Whether yours did depends on when it was imposed, whether it is part of a common scheme, and whether anyone recorded an extension in time. Ask a Massachusetts attorney.
Letters for this: a solar request to an HOA.
Condo or HOA at a glance
"No statute" means we found none; the HOA's documents decide.
| Rule | Condo (c. 183A) | HOA |
| Lien for unpaid fees | Yes, by statute (§6(c)) | Only if the documents create one (our reading) |
| Six months ahead of the first mortgage | Yes, and again in later actions (§6(c); Drummer Boy, 2016) | No statute |
| Statement for a sale | 6(d): 10 business days, reasonable fee, binding (§6(d)) | No statute |
| Reserve fund | Required, unless modified by the yearly 67% vote (§10(i), (m)) | No statute |
| Remote meetings and e-voting | Yes, since 6 August 2024 (§24) | Your documents, and c. 180 if a nonprofit corporation (our reading) |
| EV charger deemed approved at 60 days | Yes (§10A) | Yes (§10A names HOAs and co-ops) |
| Solar | Common-area solar needs the §18 votes | Covenants forbidding or unreasonably restricting it are void (c. 184, §23C) |
Who to ask
- Your trustees, board or managing agent, in writing (§10(k)).
- The registry of deeds (or its land registration office for registered land): master deeds, bylaws, trusts, amendments, recorded 6(d) statements and lien complaints (§8; §6(d)).
- A Massachusetts-licensed attorney with condominium or real estate experience, or your closing attorney on a sale. EOHLC lists the Massachusetts Bar Association Lawyer Referral Service, (617) 654-0400 or (866) 627-7577, and MassLegalServices for legal aid.
- The court where a lien action is filed: superior or district court (c. 254, §5).
- Your lender or servicer, about the §6(c) notices and the lender's option to pay.
- Your city or town building and zoning office, for EV charger, ADU and solar permits.
- The Secretary of the Commonwealth, Corporations Division, on whether an association is a chapter 180 nonprofit corporation, which must file a certificate by 1 November each year (c. 180, §26A). It does not settle disputes.
- The Attorney General's Consumer Hotline, (617) 727-8400 (Consumer Advocacy & Response Division), for consumer complaints generally. It is not an HOA or condo regulator.
- Private options on EOHLC's list: CAI New England Chapter, and Condominium Dispute Resolution (arbitration and mediation).
No regulator. There is no condo ombudsman, HOA commission or state office for condo or HOA complaints, and ombudsman bills have not passed (see
What changes next).
What changes next
- 6 August 2024. Remote meetings and electronic voting became permanent for every condo (§24; St. 2024, c. 150, s. 47).
- 31 January and 2 February 2025. The ADU regulations (760 CMR 71.00) and by-right ADU zoning took effect.
- 18 February 2025. The EV right to charge (§10A), condo solar moved under §18, and changes to §6 (St. 2024, c. 239).
Bills to watch (none is law)
- S.980, the Condominium Owners' Rights Act. Reported favorably by the Joint Committee on Housing on 23 October 2025 and sent to Senate Ways and Means; no later action shown. It would add records deadlines with $100 fines, a reserve floor, reserve studies for 50 or more units, open meetings and an ombudsman. It is not law as of October 2026.
- HD.4984 (now H.4826), the House version, filed 31 July 2025, in the Judiciary committee.
- H.1523, a condominium ombudsman office, reported favorably on 11 August 2025, in House Ways and Means.
- H.1522, on electronic meetings, sent to a study order (H.5352) on 13 April 2026.
Formal sessions of the 194th General Court after 31 July 2026 are limited to conference reports, appropriations and vetoes, so none of these bills is likely to pass, and bills not enacted by early January 2027 do not carry over, though similar ones may be refiled (our reading).
Check this one. The next General Court assembles on the first Wednesday in January, 6 January 2027 (we read that rule from a copy of the state constitution). We found no 2025 or 2026 law or court decision changing chapter 183A or c. 184, §23C. Check malegislature.gov before relying on this page.
General information only, not legal advice. Current to October 2026. The official text of the Massachusetts statutes is linked below. Check it, and ask your association's attorney or a Massachusetts-licensed attorney about your own situation.