Getting Your Massachusetts HOA's Records

Records access in Massachusetts depends entirely on whether your home is in a condominium or a non-condo HOA. The condo and non-condo frameworks pull from different sources, and the practical path is different in each. For your specific situation, a licensed Massachusetts attorney is the right resource. This is general information, not legal advice.

Condominiums: Chapter 183A and the master deed

For condominiums, the records framework is a blend:

• The Massachusetts Condominium Act (M.G.L. ch. 183A) sets baseline financial and governance recordkeeping obligations.
• The recorded master deed and bylaws typically include specific provisions on books, records, and inspection.
• The Nonprofit Corporation Law (M.G.L. ch. 180) — if the unit owners' organization is incorporated as a nonprofit — adds member-level inspection rights.

A condo unit owner usually has a right to inspect the financial records, contracts, minutes, and other operating documents that show how the organization is being run. M.G.L. ch. 183A, § 10 is the section that creates these recordkeeping and reporting duties: the party responsible for the records must prepare an annual financial report "to be completed within one hundred and twenty days of the end of the fiscal year," a copy of which "shall be made available to all unit owners within thirty days of its completion." Section 10 also requires that the organization's financial records be "available for reasonable inspection by any unit owner" during regular business hours and provides for an independent CPA review of the financial report (annually for condominiums of 50 or more units). Chapter 183A also requires a Section 6(d) certificate for resale, which gives any prospective buyer a snapshot of the unit's unpaid common-expense obligations — a useful information-forcing function.

Non-condo HOAs: CC&Rs plus Chapter 180

For non-condo HOAs, there is no Massachusetts statute parallel to Chapter 183A. Records access generally flows from:

• The recorded CC&Rs — these often specify what records owners may inspect and on what terms
• The bylaws — usually the more detailed operating document
• M.G.L. ch. 180 — Massachusetts's nonprofit corporation law, which provides members of incorporated HOAs with inspection rights to corporate records under specified conditions

Chapter 180 member-inspection rights are generally conditioned on a proper purpose and on reasonable notice. The specific procedures, fees, and limits depend on the HOA's incorporation and its bylaws, so reading the CC&Rs and bylaws is the first step.

What owners commonly request

People reviewing Massachusetts HOA or condo books often look at:

• Annual budgets, reserve studies, financial statements, and audits
• Bank statements, vendor contracts, and bids
• The master deed/declaration, bylaws, adopted rules, and any fine schedule
• Board and member meeting minutes and notices
• Assessment ledgers and lien notices for the unit
• (For condos) Section 6(d) certificates

Records frequently feed other disputes — questioning a fine or the assessment lien usually starts with the underlying documents.

For the recorded documents themselves

The recorded master deed and any amendments are available from the Registry of Deeds in the county where the property is located. Because in Massachusetts the master deed (for condos) or the recorded CC&Rs (for non-condo HOAs) create the framework for assessments and any lien, the recorded documents are typically the first an owner obtains.

What people generally do

Owners seeking Massachusetts records often:

• Identify whether the community is a condominium or non-condo HOA — the records path is different
• Put the request in writing and identify the records specifically
• For non-condo HOAs, cite Chapter 180 if the inspection authority comes from the corporation law
• Keep a copy of the request and any response
• Consult a licensed Massachusetts attorney if access is denied or unreasonably delayed

Sources

• M.G.L. ch. 183A — Condominiums
• M.G.L. ch. 183A, § 10 — Powers and duties; financial report and record inspection
• M.G.L. ch. 180 — Nonprofit corporation law (member inspection)