Massachusetts homeowners are in one of the most split jurisdictions in the country. Condominiums are covered by a robust, modern statute — the Massachusetts Condominium Act, M.G.L. ch. 183A, with its well-known six-month super-priority lien. But non-condominium HOAs have no general HOA statute at all. They run on the recorded covenants and the Nonprofit Corporation Law, M.G.L. ch. 180. That split is the single most important fact about Massachusetts community-association law: the answer to almost every question depends on whether you are in a condominium or a non-condo HOA. For your specific situation, a licensed Massachusetts attorney is the right resource. This is general information, not legal advice.
The full Massachusetts stack typically includes:
- The Massachusetts Condominium Act, M.G.L. ch. 183A — the controlling statute for condominiums. It governs common expenses, the assessment lien with its six-month super-priority (§ 6), and the basic governance framework.
- The recorded master deed, declaration of trust or articles of organization, and bylaws — for condos these supplement Chapter 183A; for non-condo HOAs they do most of the heavy lifting.
- The Nonprofit Corporation Law, M.G.L. ch. 180 — the entity law for incorporated HOAs and condo associations. It supplies director duties, member rights, and meeting and recordkeeping procedures.
- The Articles of Organization filed with the Secretary of the Commonwealth, plus annual reports.
- Federal law — Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, and the Freedom to Display the American Flag Act.
The Massachusetts split: condos vs. non-condo HOAs
This is the single most important framing in Massachusetts:
- If you own a condominium, the Condominium Act (Chapter 183A) controls. It is a modern, comprehensive statute with mandatory provisions on common expenses, assessments, the super-priority lien, voting, and meetings.
- If you own in a planned community or other non-condo HOA, there is no Massachusetts statute that does the same work. The Condominium Act does not apply. Your community runs on the recorded covenants, conditions, and restrictions (CC&Rs) and on Chapter 180 (the nonprofit corporation law) if the HOA is incorporated.
See Which Massachusetts Laws Govern Your HOA or Condo? for a walk-through of which framework applies.
The condominium super-priority lien (M.G.L. ch. 183A, § 6)
Chapter 183A, § 6, gives condominium associations a meaningful lien for unpaid common expense assessments. The lien has super-priority over a first mortgage on the unit for up to six months of common expenses — and, under Massachusetts caselaw, that priority slice also reaches the costs and attorney's fees incurred to collect the priority amount (a distinctive feature of Massachusetts law).
The lien is prior to all other liens and encumbrances on a unit except:
- Liens and encumbrances recorded before the master deed
- A first mortgage on the unit recorded before the assessment became delinquent (subject to the six-month carve-out)
- Liens for real estate taxes and other municipal assessments
In Drummer Boy Homes Ass'n v. Britton, 474 Mass. 17 (2016), the Supreme Judicial Court held that an association may bring successive actions under § 6 to establish multiple contemporaneous six-month priority liens, each with priority over the first mortgage — so the priority portion can cover more than a single six-month period.
See Can a Massachusetts HOA or Condo Foreclose Over Dues?.
Records and meetings
Because Massachusetts has no general HOA statute, the records and meeting rules flow from different sources:
- Condos — Chapter 183A and the recorded master deed and bylaws; corporate-type records rights for incorporated associations also flow from Chapter 180.
- Non-condo HOAs — almost entirely from the CC&Rs and Chapter 180. The nonprofit corporation law gives members the right to inspect specific corporate records on reasonable notice, with statutory limits and remedies.
See Getting Your Massachusetts HOA's Records and Attending HOA Meetings in Massachusetts.
Fines and rules
Neither Chapter 183A nor Chapter 180 lays out a uniform statewide fines-and-hearing procedure for community associations. Fine authority generally has to come from the recorded master deed/declaration and bylaws. Massachusetts courts have repeatedly applied a reasonableness standard to association rules and have invalidated unreasonable or selectively enforced rules. See Challenging an HOA Fine in Massachusetts and When Is a Massachusetts HOA Rule Unenforceable?.
Frequently asked questions
Does Massachusetts have a general HOA statute?
No. Massachusetts has a comprehensive Condominium Act (M.G.L. ch. 183A) for condominiums, but no general statute governing non-condo HOAs. Non-condo HOAs run on the recorded CC&Rs and the Massachusetts Nonprofit Corporation Law (ch. 180). A licensed Massachusetts attorney can confirm which framework applies to your community.
What is the Massachusetts condo "super-lien"?
Under M.G.L. ch. 183A, § 6, a condominium association's lien for unpaid common expenses has priority over a first mortgage for up to six months of common expenses, plus (under Massachusetts caselaw) the costs and attorney's fees incurred to collect that amount. In Drummer Boy Homes Ass'n v. Britton, 474 Mass. 17 (2016), the Supreme Judicial Court held an association may establish successive six-month priority liens, so that priority can cover more than one six-month period.
Can my Massachusetts HOA fine me without a hearing?
Neither Chapter 183A nor Chapter 180 sets a uniform fine procedure. Fine authority and procedure generally have to come from the recorded master deed/declaration and bylaws. Massachusetts courts apply a reasonableness standard. A licensed Massachusetts attorney can advise on a specific fine.