Massachusetts HOA & Condominium Law
10 active Massachusetts statutes govern homeowners associations and condominiums in the state. The corpus encodes 37 specific requirements across governance, finance, reserves, disclosure, and enforcement.
Estoppel Disclosure Workflow
13 standard items
MA
CommunityPay has not verified a state-specific statutory resale certificate regime in Massachusetts. Disclosure follows a non-statutory estoppel workflow. The 13 items below reflect standard title company and lender expectations, not legal requirements specific to any particular association.
- Current periodic assessment amount and any unpaid or delinquent assessments
- Pending or approved special assessments
- Reserve fund balance and designated projects
- Most recent balance sheet and income/expense statement
- Current operating budget
- Insurance coverage provided for the benefit of owners
- Pending lawsuits, unsatisfied judgments, or threatened litigation
- Board composition, meeting frequency, and governance status
- Declaration, bylaws, and rules and regulations
- Capital expenditures approved or anticipated for current and next two fiscal years
- Transfer fees, move-in/move-out fees, or other charges upon sale
- Known violations of the governing documents or applicable codes
- Right of first refusal or other restraints on transfer
Massachusetts does not cap RC preparation fees by statute.
In CommunityPay, an association's manager, accounting firm, or staff generates the certificate from its books, with no per-certificate charge from CommunityPay.
What Massachusetts Law Requires
Governance (14)
- Massachusetts does not have a separate HOA or planned community act — non-condominium HOAs operate under CC&Rs and general nonprofit corporation law (M.G.L. M.G.L. c. 183A
- Governs all condominiums created in Massachusetts. M.G.L. c. 183A
- Requires independent CPA review for condominiums with 50 or more units. M.G.L. c. 183A, §10
- Grants the organization of unit owners powers to manage and maintain common areas, obtain insurance, conduct litigation, impose assessments and fines. M.G.L. c. 183A, §10
- Mandates fidelity insurance for condominiums with more than 10 units (at least one-fourth of annual assessments). M.G.L. c. 183A, §10
- Requires maintenance of complete financial records available for reasonable inspection. M.G.L. c. 183A, §10
- When a lender forecloses on a condominium development, the lender succeeds to the developer's obligations to unit owners and tenants. M.G.L. c. 183A, §22
- Massachusetts lacks the detailed developer turnover timelines found in UCIOA states. M.G.L. c. 183A, §22
- Unit owners may vote by mail-in ballot or electronic means. M.G.L. c. 183A, §24
- Authorizes board meetings and unit owner meetings via telephonic, video, or other interactive electronic communication. M.G.L. c. 183A, §24
- The statute does not prescribe specific notice periods — these are set by the condominium's bylaws per the requirements of Section 11. M.G.L. c. 183A, §24
- Electronic participation counts toward quorum. M.G.L. c. 183A, §24
- Requires 60-day delinquency notice to owner and mortgagee by certified and first-class mail. M.G.L. c. 183A, §6
- After 25 days' written notice, the organization may collect rent directly from the owner's tenants. M.G.L. c. 183A, §6(c)
Financial (4)
- The lien has super-priority over a first mortgage to the extent of 6 months of common expense assessments preceding enforcement plus costs and attorney fees. M.G.L. c. 183A, §6
- Failure to send notice preserves the super-priority lien but excludes costs and attorney fees from the priority amount. M.G.L. c. 183A, §6(c)
- No statutory fee cap — "reasonable fee" standard. M.G.L. c. 183A, §6(d)
- Known as the "6(d) certificate." When recorded, discharges the unit from any lien for unpaid sums. M.G.L. c. 183A, §6(d)
Assessment (4)
- MA Assessment Contract Statute of Limitations: 6 years M.G.L. c. 183A, §6
- Establishes assessment lien on each condominium unit from the time assessments become due. M.G.L. c. 183A, §6
- Enforced pursuant to section five of chapter two hundred and fifty-four M.G.L. c. 183A, §6 (c)
- Assessments based on the budget which would have become due in the six months immediately preceding institution of an action to enforce the lien M.G.L. c. 183A, §6 (c)
Reserves (3)
- Pending legislation (S.980, Condominium Owners' Rights Act) would require reserve studies for condominiums with 50+ units every 10 years. M.G.L. c. 183A, §10(b)
- Requires all condominiums to maintain an adequate replacement reserve fund, collected as part of common expenses and deposited in accounts separate and segregated from operating funds. M.G.L. c. 183A, §10(b)
- No professional reserve study is mandated. M.G.L. c. 183A, §10(b)
Disclosure (4)
- The developer remains liable for misrepresentations and warranties on pre-transfer work. M.G.L. c. 183A, §22
- Requires the organization of unit owners to furnish a certificate stating unpaid common expenses and other sums assessed against the unit owner within 10 business days of written request. M.G.L. c. 183A, §6(d)
- Binding on the organization and all unit owners. M.G.L. c. 183A, §6(d)
- Shall be furnished within ten days of a written request M.G.L. c. 183A, §6(d) (d)
Enforcement (4)
- Covers creation, unit ownership, common areas, assessments, liens, management, bylaws, insurance, and termination. M.G.L. c. 183A
- Fund adequacy is not defined by statute. M.G.L. c. 183A, §10(b)
- Foreclosure is judicial only under M.G.L. M.G.L. c. 183A, §6
- When any assessment is delinquent for at least 60 days, the organization must send notice by certified mail and first-class mail to the unit owner and first mortgagee. M.G.L. c. 183A, §6(c)
Compliance (4)
- Provides framework for owner installation of EV supply equipment. M.G.L. c. 183A, §10A
- Addresses electric vehicle charging equipment installation rights in condominium common areas. M.G.L. c. 183A, §10A
- Establishes a 3-year statute of limitations from discovery and a 6-year statute of repose from the earlier of opening to use or substantial completion. M.G.L. c. 260, §2B
- Covers deficiency or neglect in design, planning, construction, or general administration of an improvement to real property. M.G.L. c. 260, §2B
Sourced from CommunityPay's living legal corpus. Each requirement traces to a primary statute snapshot verified by a subject-matter expert.
Topic Coverage
Assessment Collection
4
Foreclosure and Liens
4
Enforcement and Fines
3
Architectural Review
1
Collections & Delinquency
1
Construction Defect
1
Developer Transition
1
Elections and Voting
1
Fiduciary Duty
1
Governance Documents
1
Meetings and Notice
1
Records Access and Inspection
1
Resale Disclosure
1
Reserve Requirements
1
Solar & Sustainability Rights
1
Each chip links to the Massachusetts statutes addressing that topic. Counts reflect distinct statute assignments.
Applicable Statutes
All Massachusetts authorities →
Massachusetts Condominium Act
Governs all condominiums created in Massachusetts. Covers creation, unit ownership, common areas, assessments, liens, management, bylaws, insurance, and termination. Massachusetts does not have a separate HOA or planned community act — non-condominium HOAs operate under CC&Rs and general nonprofit corporation law (M.G.L. c. 180).
Condominium Organization Powers and Duties
Grants the organization of unit owners powers to manage and maintain common areas, obtain insurance, conduct litigation, impose assessments and fines. Requires maintenance of complete financial records available for reasonable inspection. Mandates fidelity insurance for condominiums with more than 10 units (at least one-fourth of annual assessments). Requires independent CPA review for condominiums with 50 or more units. Record retention period of at least 7 years.
Electric Vehicle Supply Equipment
Addresses electric vehicle charging equipment installation rights in condominium common areas. Provides framework for owner installation of EV supply equipment.
Condominium Replacement Reserve Fund Requirement
Requires all condominiums to maintain an adequate replacement reserve fund, collected as part of common expenses and deposited in accounts separate and segregated from operating funds. No professional reserve study is mandated. Fund adequacy is not defined by statute. Pending legislation (S.980, Condominium Owners' Rights Act) would require reserve studies for condominiums with 50+ units every 10 years.
Developer Obligations on Foreclosure
When a lender forecloses on a condominium development, the lender succeeds to the developer's obligations to unit owners and tenants. The developer remains liable for misrepresentations and warranties on pre-transfer work. Massachusetts lacks the detailed developer turnover timelines found in UCIOA states.
Electronic Meetings and Voting
Authorizes board meetings and unit owner meetings via telephonic, video, or other interactive electronic communication. Electronic participation counts toward quorum. Unit owners may vote by mail-in ballot or electronic means. The statute does not prescribe specific notice periods — these are set by the condominium's bylaws per the requirements of Section 11.
Condominium Assessment Lien and Super-Priority
Establishes assessment lien on each condominium unit from the time assessments become due. The lien has super-priority over a first mortgage to the extent of 6 months of common expense assessments preceding enforcement plus costs and attorney fees. Requires 60-day delinquency notice to owner and mortgagee by certified and first-class mail. Foreclosure is judicial only under M.G.L. c. 254, §5.
Assessment Delinquency Notice and Rent Collection
When any assessment is delinquent for at least 60 days, the organization must send notice by certified mail and first-class mail to the unit owner and first mortgagee. Failure to send notice preserves the super-priority lien but excludes costs and attorney fees from the priority amount. After 25 days' written notice, the organization may collect rent directly from the owner's tenants.
Condominium 6(d) Certificate (Resale Certificate)
Requires the organization of unit owners to furnish a certificate stating unpaid common expenses and other sums assessed against the unit owner within 10 business days of written request. Known as the "6(d) certificate." When recorded, discharges the unit from any lien for unpaid sums. Binding on the organization and all unit owners. No statutory fee cap — "reasonable fee" standard.
Statute of Repose for Construction Defects
Establishes a 3-year statute of limitations from discovery and a 6-year statute of repose from the earlier of opening to use or substantial completion. Covers deficiency or neglect in design, planning, construction, or general administration of an improvement to real property.
Source: Massachusetts state legislature. Statutes verified by CommunityPay. Last verified April 2026.
Pending & Recent Massachusetts HOA Legislation
Last action: Aug 18, 2026
Last action: Aug 11, 2025
Last action: Apr 13, 2026
Last action: Mar 26, 2026
Last action: Mar 12, 2026
Last action: Mar 5, 2026
Last action: Mar 5, 2026
Last action: Feb 25, 2026
Last action: Feb 12, 2026
Last action: Jan 12, 2026
14 HOA-relevant bills tracked for Massachusetts · refreshed Oct 3, 2026 · Source: LegiScan
Frequently Asked Questions — Massachusetts HOA Law
How long does a Massachusetts HOA have to deliver a resale certificate?
Under M.G.L. c. 183A, §6(d), a Massachusetts association must deliver the resale certificate within 10 calendar days of a written request from the unit owner, prospective purchaser, or their representative. Missing the deadline carries statutory consequences — including, in many states, release of the buyer from any unpaid amounts the seller owed at the time of the request.
Source: M.G.L. c. 183A, §6(d)
Does a Massachusetts HOA assessment lien have priority over a first mortgage?
Yes — Massachusetts is a 'super-priority' state. Under M.G.L. c. 183A, §6, the association's lien for 6 months of unpaid assessments takes priority over a first-recorded mortgage. When the HOA forecloses, the first mortgage lender must either pay the 6 months of super-priority assessments or risk losing its lien — a significant collection tool for the association.
Source: M.G.L. c. 183A, §6
Answers derived from the Massachusetts legal corpus. Every numeric value (fee caps, deadlines, percentages) is pulled from a primary-source statutory threshold record verified by CommunityPay.
Massachusetts HOA Fee Benchmark
$387
Avg Median Monthly Fee
$299 – $478
County Range
235366
Units Paying HOA Fees
Source: U.S. Census Bureau, American Community Survey 2023 5-Year Estimates (PUMS). 14 counties with data.
Communities by City
Boston
9
Cambridge
5
Brookline
3
Dorchester
3
South Boston
3
Acton
2
Auburn
2
Brewster
2
Dedham
2
Framingham
2
Nantucket
2
Somerville
2
Waltham
2
Wellesley
2
Worcester
2
Arlington
1
Ayer
1
Beverly
1
Brighton
1
Chelsea
1
Cheshire
1
Concord
1
Florence
1
Holyoke
1
Ipswich
1
Lakeville
1
Leominster
1
Littleton
1
Longmeadow
1
Lynn
1
Malden
1
Mendon
1
Needham
1
Pittsfield
1
Plymouth
1
Quincy
1
Randolph
1
Shrewsbury
1
Springfield
1
Wakefield
1
Ware
1
Whitinsville
1
Williamstown
1
Woburn
1
Woods Hole
1
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Download the Massachusetts HOA & Condo Compliance Checklist
One PDF — every active Massachusetts statute we track, statutory fee caps and time limits, recent legal changes from the last 12 months, and the resale-certificate disclosure profile. Built from CommunityPay's living legal corpus, the same data that drives our resale certificates, reserve reports, and CARI scoring.
- Statutory fee caps and time limits (resale, late fees, lien priority)
- Recent law changes with effective dates
- Resale & estoppel disclosure profile, item by item
No spam. CommunityPay uses your email to send the checklist and one follow-up at most.
Data sourced from Massachusetts Secretary of State public registrations. Legal corpus maintained by CommunityPay's editorial team and traced to primary statute snapshots.
United States Payments and Accounting Governance Infrastructure for Community Associations