Which Massachusetts Laws Govern Your HOA or Condo?

Massachusetts is one of the most split states in the country on community-association law. The Condominium Act (Chapter 183A) is a robust, modern statute — but for non-condo HOAs, there is no comparable general statute. Knowing which framework applies is the first move in almost every dispute. For your specific situation, a licensed Massachusetts attorney is the right resource. This is general information, not legal advice.

Condominiums: the Massachusetts Condominium Act (M.G.L. ch. 183A)

If you own a condominium, the Massachusetts Condominium Act is the controlling statute. It addresses:

• Common expense assessments and the lien (§ 6) — including the famous six-month super-priority over a first mortgage
• Powers and duties of the unit owners' organization
• Voting, meetings, and amendments to the master deed and bylaws
• The master deed, declaration of trust or articles of organization, and bylaws as the operating documents

Chapter 183A is supplemented by the recorded master deed and bylaws — those documents fill in details the statute leaves open.

Non-condo HOAs: covenants plus the Nonprofit Corporation Law

If you own in a planned community or other non-condo HOA, Chapter 183A does not apply. There is no Massachusetts statute that does the same work for non-condo HOAs. Your community runs on two layers:

• The recorded covenants, conditions, and restrictions (CC&Rs) — these do most of the heavy lifting; they grant the association its powers, set assessments, and (if at all) provide the basis for a lien
• The Nonprofit Corporation Law, M.G.L. ch. 180 — if the HOA is incorporated as a nonprofit (most are), Chapter 180 supplies director duties, member rights, recordkeeping requirements, and meeting and voting procedures

That makes the recorded CC&Rs and Articles of Organization the documents to read first in any Massachusetts non-condo HOA dispute.

One Massachusetts-specific wrinkle for non-condo covenants: under M.G.L. ch. 184, § 23, "conditions or restrictions, unlimited as to time, by which the title or use of real property is affected, shall be limited to the term of thirty years after the date of the deed or other instrument . . . creating them" (with exceptions for public, charitable, or religious purposes). A time-unlimited restriction can therefore become unenforceable 30 years after the instrument that created it, subject to the extension and benefit rules in the surrounding sections — a point worth raising with a licensed Massachusetts attorney when an old covenant is at issue.

How the layers fit

1. The recorded master deed/declaration and bylaws (or CC&Rs) — the community's own documents.
2. The Condominium Act (M.G.L. ch. 183A) for condos — or no general statute for non-condo HOAs.
3. The Nonprofit Corporation Law (M.G.L. ch. 180) for the incorporated entity.
4. Federal law — Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, and the Freedom to Display the American Flag Act.

From records to fines to the assessment lien, the condo-vs-non-condo split is the starting point for most Massachusetts homeowner questions.

Sources

• M.G.L. ch. 183A — Condominiums
• M.G.L. ch. 184, § 23 — Conditions or restrictions; term of years
• M.G.L. ch. 180 — Corporations for charitable and certain other purposes