Massachusetts HOA Laws 2026: One of the Oldest Condo Acts in the US (Mass. Gen. Laws ch. 183A)

Massachusetts General Laws Chapter 183A, the Massachusetts Condominium Act, is one of the oldest condominium statutes in the United States, enacted in 1963. While it has been amended over the decades, it remains less detailed than modern statutes like California's Davis-Stirling or Florida's Chapter 718. Massachusetts does not have a separate Planned Community Act, so most planned community HOAs operate under their CC&Rs and Massachusetts nonprofit corporation law.

Massachusetts Condominium Act: Core Framework

Chapter 183A establishes the legal framework for creating and operating condominiums in Massachusetts. Key provisions: the master deed must be recorded with the Registry of Deeds; the trust or association is the governing body; assessments and the right to lien for unpaid assessments are established by the master deed and bylaws; and the association may adopt rules and regulations for common area use.

Assessment Liens: Priority in Massachusetts

Massachusetts condominiums have a statutory super-lien for up to 6 months of unpaid common expenses (Mass. Gen. Laws ch. 183A, § 6). This super-lien has priority over first mortgages — one of the most powerful HOA lien positions in the country. This means first mortgage lenders in Massachusetts face real risk if they allow condo fee delinquency to accumulate. After 6 months, additional unpaid assessments are still lienable but fall behind the first mortgage in priority.

The Massachusetts Super-Lien: A Powerful Collection Tool

The 6-month super-lien provision is a significant leverage point for Massachusetts condominium associations in collection disputes. First mortgage servicers will typically cure the delinquency to protect their mortgage position rather than allow a superior lien foreclosure. Associations should be aware of this tool and work with a Massachusetts attorney to deploy it properly.

Planned Community HOAs: No State Statute

Massachusetts does not have a Planned Community Act for single-family HOA subdivisions. These associations operate under their CC&Rs as contracts and Massachusetts General Laws Chapter 180 (nonprofit corporations). This creates a "buyer beware" environment where the strength of an HOA's enforcement rights depends entirely on the quality of the drafting in the recorded CC&Rs.

Resale Disclosure Requirements

Massachusetts condominiums must provide a resale disclosure certificate (sometimes called a "6(d) certificate" after the statute section) that confirms the unit is current on all assessments. This certificate is required at closing and binds the association — if issued and later found to be incorrect, the association bears the loss for the difference. The certificate typically must be provided within 10 days of request.