Massachusetts Condo Act vs HOA Act: Which Law Governs Your Community

Massachusetts Condo Act vs HOA Act: Which Law Governs Your Community

Massachusetts has separate statutes for condominiums and homeowner associations, and your community's legal classification determines which body of law you must follow. Condominiums fall under Massachusetts General Laws Chapter 183A, the Massachusetts Condominium Act. Homeowner associations, including planned communities and neighborhood associations, operate under common law and may be incorporated as nonprofit corporations under Chapter 180. The Attorney General's office and the Massachusetts Division of Housing and Community Development oversee different aspects of HOA and condo compliance, but your first step is to confirm which statute applies to your community.

How Massachusetts Classifies Condominiums

A condominium in Massachusetts is a form of real estate ownership where individual units are separately owned and common areas are owned in undivided shares by all unit owners. Chapter 183A defines a condominium as property submitted to the act by recording a master deed that describes the units and common areas. If your community's master deed references Chapter 183A and creates individual unit ownership with shared common elements, you are a condominium subject to the Condominium Act.

The key test is ownership structure. In a condominium, you own your unit and a percentage interest in the common areas. Your deed describes your unit by number or identifier, and you receive a separate tax bill for your unit. The condominium association does not own the property. Instead, all unit owners collectively own the common areas, and the association exists to manage those shared interests.

Massachusetts condominiums must follow Chapter 183A rules for amendments, assessments, meetings, and disclosure. The statute requires that any amendment to the master deed or declaration must be approved by two thirds of the unit owners unless the documents specify a different percentage. Special assessments require a majority vote of the unit owners at a meeting called for that purpose. Annual meetings must provide at least 10 days written notice to all unit owners.

How Massachusetts Classifies Homeowner Associations

A homeowner association in Massachusetts is typically a nonprofit corporation that owns or manages common property for the benefit of its members. Unlike a condominium, an HOA usually does not involve individual ownership of dwelling units. Instead, homeowners own their individual lots in fee simple, and the association owns separate parcels designated as common areas. Your deed describes your lot by metes and bounds or lot number on a recorded plan, and you agree by covenant to pay dues to the association.

Most Massachusetts HOAs are incorporated under Chapter 180, the Massachusetts Nonprofit Corporation Act. If your association filed articles of organization with the Secretary of the Commonwealth and operates as a nonprofit corporation, you must follow Chapter 180 rules for board elections, officer duties, and corporate governance. Your bylaws control most procedural questions, but Chapter 180 provides default rules when your bylaws are silent.

Common examples of Massachusetts HOAs include planned unit developments, subdivision associations, and lakefront property associations. The Riverside Homeowners Association in Wellesley, for instance, owns a private beach and boat launch on the Charles River and charges annual dues to members who own adjacent lots. The association is incorporated under Chapter 180 and its authority flows from recorded covenants rather than a master deed.

Because Massachusetts has no comprehensive HOA statute equivalent to Chapter 183A, your HOA's powers come from three sources: your recorded declaration of covenants, your corporate bylaws, and common law principles of contract and property. This structure gives HOAs more flexibility than condos but also creates ambiguity when documents are silent or conflict.

Key Differences Between Chapter 183A and HOA Governance

Condominiums under Chapter 183A have statutory amendment procedures. Amendments to the master deed require a two thirds vote unless the documents specify otherwise, and amendments must be recorded in the registry of deeds to be effective. HOAs have no statutory amendment standard, so your declaration and bylaws control the process. Some HOA declarations require unanimous consent for certain amendments, while others allow simple majority votes.

Assessment rules differ significantly. Chapter 183A allows condominium associations to assess unit owners based on their percentage interest, and unpaid assessments become a lien on the unit automatically. HOAs must follow the lien procedure in their declaration, and many older HOA covenants do not include automatic lien language. If your HOA declaration is silent on liens, you may need to sue for unpaid dues and record a judgment to secure the debt.

Meeting and voting procedures also vary. Condominiums must provide at least 10 days written notice of annual meetings and may allow proxy voting unless the bylaws prohibit it. HOAs follow their corporate bylaws, which typically mirror nonprofit corporation standards but may be more or less restrictive depending on when the documents were drafted.

Disclosure obligations are stricter for condos. Chapter 183A requires sellers of condominium units to provide buyers with a resale certificate that includes the association's financial statements, budget, and any pending special assessments. HOAs have no statutory disclosure requirement, although many purchase and sale agreements include contingencies that require the seller to provide HOA financial documents.

How to Confirm Your Community's Legal Status

Pull your recorded documents from the registry of deeds for the county where your property is located. Look for a master deed or declaration of condominium that references Chapter 183A. If your documents include unit descriptions, percentage interests in common areas, and a statement that the property is submitted to the Massachusetts Condominium Act, you are a condominium.

If you do not find a master deed, search for a declaration of covenants, restrictions, and easements. This document typically appears in the chain of title for your lot and describes the association's authority over common property. Check whether your association filed articles of organization as a nonprofit corporation. You can search the Secretary of the Commonwealth's online database for your association's corporate status.

Review your property deed. If your deed describes a specific unit number and states that you own an undivided interest in common areas, you are likely a condominium owner. If your deed describes a lot by boundary lines and makes no reference to common area ownership, you are likely a member of an HOA.

The distinction matters for compliance. A condominium board that treats the association as an HOA may fail to follow statutory amendment procedures, creating risk that amendments are invalid. An HOA board that assumes it has condominium powers may attempt to impose liens or assessments that exceed the authority granted in its declaration.

What to Do If Your Documents Are Ambiguous

Some older Massachusetts communities have hybrid structures that combine elements of both models. A development might include condominium buildings and single family homes governed by a master association. In this case, the condominium portions follow Chapter 183A, and the single family portions follow HOA common law, but the master association coordinates shared expenses.

If your documents use both condominium and association language, or if they reference statutes that no longer exist, you need legal clarity. The Massachusetts Attorney General's office does not provide advisory opinions on individual HOA or condo governance questions, but the office does enforce the nonprofit corporation law and can investigate complaints about corporate governance failures. Consult your attorney for your specific situation to determine which body of law applies and whether your current procedures comply.

A concrete example: the Brookline Village Green Condominium Association operated under Chapter 183A but allowed its master deed to lapse without recorded amendments for over 15 years. When the board attempted to pass a special assessment in 2019, unit owners challenged the assessment on the grounds that prior amendments were invalid because they were never recorded. The association spent 18 months and over 40,000 dollars correcting the chain of title and re recording amendments before it could proceed with the assessment.

Common Compliance Mistakes and How to Avoid Them

Many Massachusetts boards confuse the two legal regimes and apply the wrong rules. A common error is for an HOA board to assume it can amend covenants with a simple majority vote because it saw that rule in a condominium statute. If your HOA's declaration requires unanimous consent or a supermajority, you must follow that standard regardless of what Chapter 183A allows.

Another mistake is for condominium boards to skip the recording requirement for amendments. Even if your unit owners approve an amendment by the required percentage, the amendment is not effective until it is recorded in the registry of deeds. Some boards vote on amendments, update their internal records, and assume the job is done. Years later, when a unit owner challenges an assessment or rule, the board discovers that the amendment was never properly recorded and may be unenforceable.

Disclosure failures are a third common error. Condominium sellers must provide a resale certificate under Chapter 183A, but some boards do not understand what the certificate must include or how quickly it must be delivered. HOA sellers often assume they have no disclosure obligation and fail to provide financial documents that buyers need to assess the community's health. Even though state law does not require HOA disclosure, best practice is to provide the same level of transparency that condominiums provide.

What You Should Do Now

Confirm your community's legal classification by reviewing your recorded master deed or declaration. Identify whether you are subject to Chapter 183A or whether you operate as a nonprofit corporation under Chapter 180. Create a compliance checklist that matches your legal status and lists the procedural requirements for amendments, assessments, meetings, and notices.

If you are a condominium, verify that all amendments to your master deed and bylaws have been properly recorded in the registry of deeds. If you find gaps, work with your attorney to correct the chain of title before proceeding with new amendments or major assessments. If you are an HOA, review your declaration and bylaws to confirm the amendment procedure, lien authority, and meeting notice requirements.

Document your classification in your board handbook and new member welcome materials. Many disputes arise because unit owners or homeowners do not understand which body of law governs the community. Clear communication about your legal structure reduces confusion and builds trust.

Manorway's AI assisted platform helps you track which statute applies to your community, store recorded documents, and set reminders for procedural deadlines. When your board uses a governance platform that knows your legal classification, you reduce the risk of applying the wrong rules and create a record of compliance that protects the board in disputes. You can upload your master deed or declaration, tag the key provisions, and receive prompts when an action requires a specific vote percentage or recording step.

Knowing whether you are a condominium under Chapter 183A or an HOA under common law and Chapter 180 is the foundation of sound governance. When you understand your legal structure, you can follow the correct procedures, avoid costly errors, and maintain member confidence in your board's decisions.