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.

What records can a Massachusetts condo owner inspect?

At least the master deed, by-laws, minute book, and financial records. Under M.G.L. ch. 183A, § 10(c), they must be "available for reasonable inspection by any unit owner" during regular business hours. Section 10 also requires an annual financial report within 120 days of fiscal year-end, made available to all unit owners within 30 days of completion.

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(c) also requires that the organization's records — the master deed, by-laws, minute book, and financial records — be "available for reasonable inspection by any unit owner" during regular business hours, and § 10(d) provides for an independent CPA review of the financial report for condominiums of 50 or more units (annually, unless owners holding at least 67% in beneficial interest vote annually under § 10(m) to reduce it, but no less than every two years). 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.

Do non-condo HOAs have to let owners see records in Massachusetts?

Partly. No Massachusetts statute parallels Chapter 183A for non-condo HOAs, but for incorporated HOAs, M.G.L. ch. 180, § 10C applies ch. 156B, § 32, giving members a right to inspect the articles, by-laws, members' meeting records, and membership records. Financial books aren't on that list, so access to them generally depends on the CC&Rs and bylaws.

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 (through § 10C and Chapter 156B, § 32) gives members of incorporated HOAs a right to inspect the articles, by-laws, members' meeting records, and membership records

Chapter 180, § 10C makes Chapter 156B, § 32 apply to nonprofit corporations, with its stockholder provisions applied "as nearly as may be to members, classes of members and records of membership." Section 32 requires the articles of organization, by-laws, records of all meetings of incorporators and members, and membership records to be kept in Massachusetts "for inspection by its stockholders" — it sets no deadline, notice period, or general proper-purpose test, though for the membership records it allows a defense where the actual purpose is to get a member list for sale or for use outside the member's interest in the corporation's affairs. Its list does not include financial books, so access to those generally depends on the CC&Rs and bylaws. 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 commonly take these steps:

• A common first step is identifying whether the community is a condominium or non-condo HOA — the records path is different
• Many owners put the request in writing and identify the records specifically
• For incorporated non-condo HOAs, some owners cite Chapter 180, § 10C and Chapter 156B, § 32 if the inspection authority comes from the corporation law
• Keeping a copy of the request and any response preserves a record
• If access is denied or unreasonably delayed, a licensed Massachusetts attorney is the right resource

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
• M.G.L. ch. 180, § 10C — Application of Chapter 156B
• M.G.L. ch. 156B, § 32 — Records kept for inspection