Fines & PenaltiesMA
Challenging an HOA Fine in Massachusetts
By The HOARebel Team · June 1, 2026 · 2 min read
Massachusetts doesn't have a standalone statewide fines statute like Utah or New Mexico. Fine authority flows from the recorded master deed (for condos) or CC&Rs (for non-condo HOAs), supplemented by the bylaws and Chapter 180 for incorporated associations. That makes the documents — and Massachusetts's reasonableness standard — the controlling framework. For your specific situation, a licensed Massachusetts attorney is the right resource. This is general information, not legal advice.
Where the fine power comes from
The Condominium Act (M.G.L. ch. 183A) does not lay out a statewide fine-and-hearing procedure. The Massachusetts Condominium Act focuses on common-expense assessments, the lien, and the Section 6(d) certificate framework — but it leaves the fine procedure to the master deed and bylaws.
For non-condo HOAs, there is no general statute at all. Fine authority comes from the recorded CC&Rs and bylaws, and from the Nonprofit Corporation Law (M.G.L. ch. 180) for the incorporated entity.
In both cases, the first question in any Massachusetts fine dispute is a documents question: does the master deed or the CC&Rs actually authorize the board to impose this fine, for this conduct, in this amount, following the procedure those documents specify?
The reasonableness standard
Massachusetts courts have repeatedly applied a reasonableness standard to community association rules and fines. A rule and any associated fine must:
- Trace to authority in the recorded documents
- Be reasonable in scope and amount
- Be adopted under the procedure the bylaws require
- Be applied evenhandedly across owners
A rule or fine that is arbitrary, exceeds the documents' authority, or singles out one owner is exposed under Massachusetts caselaw.
Why a Massachusetts condo fine deserves attention
For condominiums, the practical concern is the six-month super-priority lien under M.G.L. ch. 183A, § 6. If an unpaid charge is treated as part of the lien, it can ultimately be the basis for foreclosure with priority over the first mortgage. Whether and how an unpaid fine folds into "common expense" assessments depends on the master deed and the lien notice. See Can a Massachusetts HOA or Condo Foreclose Over Dues?.
What people generally do
Owners facing a Massachusetts fine often:
- Pull the master deed/declaration (or CC&Rs) and bylaws to confirm the fine is authorized
- Request the association's records — the cited rule, the fine schedule, and minutes showing how similar matters were handled
- Confirm whether the board followed its own procedure for notice and any hearing the documents require
- Document selective enforcement patterns, a recognized defense
- Consult a licensed Massachusetts attorney before a disputed fine feeds the assessment account, especially in a condo subject to the super-lien
Sources
Free tool
Is your fine actually valid?
Answer a few questions about your notice and see how it compares to what Massachusetts's law requires before an association can fine you — free, with the statute quoted for each step.