Although there is no statute that is specifically designed for homeowners associations in Massachusetts, it is still worth knowing what other laws might apply. Here are the Massachusetts HOA laws you should know about.
For Condominiums
The Massachusetts Condominium Statute oversees the creation, operation, and management of condominium associations. A condo association can elect to be governed by this Act by recording a master deed or declaration with the register of deeds in the county where the association is located.
You can find the Massachusetts Condominium Statute under Part II, Title I, Chapter 183A of the Massachusetts General Laws. It consists of 23 sections, namely:
- Definitions
- Application of chapter; creation of other interests in realty
- Nature of interest; sale or descent
- Exclusive ownership and possession; restrictions
- Interest in common areas or facilities; percentage; division
- Common profits and expenses; lien
- Contribution toward common expenses; liability; offset, deduction, or waiver prohibited
- Master deed; recording; contents
- Leasehold condominiums; rights of unit owners
- Deeds of units; contents
- Corporation, trust or unincorporated association; owner’s interest; powers and duties; management
- By-laws; mandatory provisions
- By-laws; additional provisions
- Claims involving common areas and facilities; liability
- Taxation and betterment assessments; lien
- Subdivision control law
- Submission of property to this chapter
- Rebuilding following casualty loss; partition upon disapproval; repair or restoration upon approval; purchase from dissenting owner
- Improvements; costs
- Removal from provisions of this chapter
- Municipal participation in condominium organization and ownership
- Multiple family condominium units; by-laws; master deed
- Foreclosure of condominium development; liability of lender and developer
- Prior consent for amendment of deed, trust or bylaw
Massachusetts HOA Laws on Corporate Governance
The Massachusetts Corporations for Charitable and Certain Other Purposes Act applies to corporations in the state. It provides governance in terms of corporate procedure, structure, and management. A majority of homeowners associations and condominiums in Massachusetts form as corporations. Therefore, they are subject to the provisions of this Act.
You can find this Act under Part I, Title XXII, Chapter 180 of the Massachusetts General Laws. It consists of several sections, namely:
- Application of chapter
- Definitions
- Repealed, 1971, 819, Sec. 3
- Incorporators; manner of incorporation; classes of members; personal liability of officers and directors to corporation
- Correction of inaccurate corporate records; filing
- Purposes
- Credit counseling services; practice of law
- Investigation by local authorities of proposed corporation or corporations seeking change of location or name
- Corporate powers; religious corporations; indemnification of officers, et al.
- By-laws; contents
- Notice of actions proposed under Sec. 7 or Sec. 8A; notice to certain non-voting members
- Directors, officers or incorporators; good faith performance of duties; liability
- Filing certificate of change regarding powers of directors, etc.
- Amendment or restatement of articles of organization; change of purposes or name; approval
- Amendment or restatement of articles of organization, or articles of consolidation or merger; inability to comply with Sec. 7 or Sec. 10; approval
- Repealed, 1947, 559, Sec. 3
- Sale, lease, or exchange of corporate property and assets; grant of security interest; public charities; notification of attorney general and commissioner of public health; investigation
- Evidence of corporate existence
- Repealed, 1971, 819, Sec. 5
- Consolidation and merger; agreement; submission of articles; filing copy of articles
- Consolidation and merger with foreign corporations; agreement; governing state law; submission of articles; filing of articles
- Consolidation and merger; effect; amendments
- Application of laws; exception
- Dissolution; non-charitable corporation
- Dissolution; voluntary; charitable corporation
- Dissolution; involuntary; failure of charitable corporation to file annual financial reports
- Filing fees
- Repealed, 1954, 529, Secs. 4, 5
- Conferring of degree or issuance of diploma or certificate purporting to confer degree by medical corporation prohibited
- Establishment and maintenance of exhibition grounds and holding of exhibition by horse breeding corporation
- Trade or employment organizations
- Approval of certificate of organization
- By-laws
- Pay-roll deductions for union dues of employees of state, county or municipality
- Community chest, united fund, scholarship, etc.; pay-roll deductions of town, county or state employees
- Associations of public school teachers; payroll deductions for dues
- School teachers; payroll deductions for income protection insurance premiums
- School nurses; payroll deductions for dues to associations of teachers
- State employees; payroll deductions for contributions to Massachusetts Independent Health Agencies
- State, county or municipal employees; payroll deductions for payment of service fees to collective bargaining agencies
- Public employees; payroll deductions for periodic pass for public transportation
- Payroll deductions for public school teachers
- Public employees; payroll deductions for insurance or employee benefits
- State employees; payroll deductions for near-site parking fees, on-site child care fees and other employer-provided benefits
- Public employee; payroll deductions for qualified state tuition program
- State police employees; payroll deductions for contributions to State Police Museum and Learning Center, Inc.
- University of Massachusetts employee payroll deductions for certain university sponsored activities; withdrawal of authorization; transmittal of sum
- Expulsion of member; examination of books by member
- Fines imposed on members by unions
- Medical Milk Commission; formation; definition
- Medical Milk Commission; naming and designation of town where established
- Salary, emolument or other compensation received by member from dairymen prohibited
- Contracts for production of milk
- Investigatory powers of department of public health
- Violations; penalty
- Change of location by certain corporations
- Annual statements; required information; certification; fee; violations; penalties
- BCorporation in good standing; certificate
- Conviction under liquor or gambling laws; voiding charter
- Conviction of conducting illegal match; voiding of charter of club or organization
- Local regulation of entertainments, dances, etc.
Massachusetts General Provisions Relative to Real Property
This chapter of the HOA laws of Massachusetts regulates restrictive covenants and how associations may enforce them. That includes restrictive covenants based on certain classes such as sex, race, and religion, as well as disabilities. It also consists of a provision prohibiting associations from restricting the use or installation of solar energy devices such as solar panels.
- Rights of aliens
- Conveyance of land subject to contingent remainder, executory devise or other estate in expectancy
- Contingent remainders; taking effect; limitations
- Land held in fee tail; liability for debts of tenant in tail
- Conveyance vesting life estate and remainder to heirs
- Interpretation of words importing want or failure of issue
- ‘Heirs” and ”next of kin” construed
- Creation of estate in common, joint tenancy or tenancy by the entirety
- Conveyance to grantor and another
- Name and address of owner; request for information; records; penalty
- Conveyance by tenant for life or years of greater estate
- Acts of owner of precedent estate upon expectant estate; effect
- Barring of estates tail
- Fixtures annexed by life tenant; determination; removal
- Repealed, 1957, 765, Sec. 2
- Sale of timber standing on land used by other than owner of fee
- Proceedings affecting title to real property; recording and registration of memorandum of lis pendens; persons affected
- Certificate of judgment, decree or final disposition; recording
- Judgments or decrees; effect of recording
- Agreement for purchase and sale of real estate; acknowledgment; recordation
- Mortgage loan application; real estate consisting of a certain dwelling house; required statements and information
- Variable or adjustable rate subprime loans for first-time home loan borrowers; written affirmation and counseling certificate required; approved counseling programs; violations; regulations
- Repealed, 2006, 63, Sec. 4B
- Entry into land; legal proceedings required to recover possession of land or tenements; jurisdiction
- Entry for breach of condition; certificate; recordation
- Right of entry or action for recovery of real property; descent or discontinuance
- Encumbrances upon real property; duty of grantor to inform grantee
- Encumbrance of record; liability for removal
- Conditions or restrictions; term of years; applicability
- Proceedings relating to building restrictions; limitation of actions
- Restrictive covenants based on race, religion, national origin or sex; validity; exception
- Solar energy systems; installation or use; restrictive provisions
- Community residences for disabled persons; restrictive provisions
- Defects, irregularities or omissions in deeds; curative period
- Indefinite references; effect; application
- Land use or construction restrictions subject to this section and Secs. 27 to 30; definitions; sufficiency of description; presumptions
- Restrictions imposed after December 31, 1961; limitations on enforceability; extension of period
- Restrictions imposed before January 1, 1962; limitations on enforceability; extension of period
- Notice or extension of restriction; prerequisites
- Enforceability of restrictions; presumptions and prerequisites; temporary injunction
- Restrictions, defined
- Effect, enforcement, acquisition, and release of restrictions
- Public restriction tract index
- Repealed, 2008, 521, Sec. 3
- Good faith purchasers of interests in real estate from trustees; binding effect on trust; recording conditions
- Trustee’s certificate; requirements; effect
Fair Housing
Massachusetts also has its own Fair Housing laws, protecting citizens’ right to access to all housing opportunities. It prohibits discrimination based on sex, sexual orientation, age, race, color, ancestry, national origin, religious creed, marital status, children, veteran status, handicap, and receipt of housing subsidy or public assistance. This statute functions in the much same way as the federal Fair Housing Act.
Housing discrimination victims can file a private lawsuit in federal or state court. They may also choose to report the discriminatory act to the U.S. Department of Housing and Urban Development or the Massachusetts Commission Against Discrimination.
