How do I dispute an HOA assessment or fine in Massachusetts?

Massachusetts is famous for its strong condo super-lien, which can require the first mortgagee to pay up to 6 months of common charges before foreclosing.

1. Governing Statute

Condominiums: Massachusetts Condominium Act, Mass. Gen. Laws Ch. 183A.

HOAs/subdivisions: no general statute — governed by recorded restrictions under Mass. Gen. Laws Ch. 184 §§ 26-30 (which limit duration of restrictions to 30 years unless properly extended).

Cooperatives: Mass. Gen. Laws Ch. 157B.

2. CC&Rs and Bylaws

Master Deed and Trust Bylaws govern condos. For HOAs, recorded Declaration of Restrictions controls and must be renewed every 30 years to remain enforceable (Ch. 184 § 27).

3. Common Disputes

Architectural changes, exterior color, fencing, landscape, parking, pets, lease and short-term rental restrictions, assessment/common-charge increases, fines (must be authorized by Master Deed or bylaws and reasonable — Ch. 183A § 6(a)(ii)).

4. Internal Dispute Resolution

Before levying a fine, the trustees/board must provide notice and an opportunity to be heard per the bylaws and general due process expectations. Most Master Deeds require written notice, a cure period, and a hearing.

5. Alternative Dispute Resolution

No statutory ADR mandate. Many condo trust documents require mediation; Massachusetts Uniform Arbitration Act (Ch. 251) enforces arbitration clauses. Land Court has specialized jurisdiction over condo disputes.

6. Lien & Foreclosure — Strong Super-Lien

The association has a lien for unpaid common expenses and assessments (Ch. 183A § 6). Up to 6 months of common charges, plus the costs of collection and attorney's fees, have priority over a first mortgage (§ 6(c)) — the "Massachusetts super-lien." The lien is enforced by filing suit in Superior Court, Housing Court, or Land Court. The association may obtain a judgment, then either foreclose or, more commonly, force the first mortgagee to pay the super-priority portion. Drummer Boy Homes Ass'n v. Britton confirmed multiple successive super-liens for ongoing delinquencies.

7. Open Meeting & Record Inspection

Massachusetts condo statute does not mandate open meetings, but bylaws typically do. Unit owners may inspect the records of the organization upon reasonable request (Ch. 183A § 10(c)).

8. Statutory Caps

Solar energy systems: Mass. Gen. Laws Ch. 184 § 23C — HOA/condo restrictions cannot prohibit reasonable solar installation. Flag display under federal law. Satellite dishes under federal OTARD. EV charging — see emerging case law and DOER guidance; no statutory prohibition on HOA restrictions yet codified.

9. Lawsuit Remedies

Declaratory judgment (Ch. 231A), injunction, breach of fiduciary duty against trustees (Ch. 183A § 10(b) — trustees owe duty of care and loyalty), and attorney's fees recoverable when the Master Deed, bylaws, or statute (Ch. 183A § 6(b)(iii)) provide.

This is legal information, not legal advice.