Massachusetts HOA Laws: Fines, Foreclosure & Your Rights (2026)

Massachusetts is unusual: it has NO comprehensive planned-community HOA statute. Condominiums are governed by the Condominium Act (Ch. 183A); non-condo HOAs operate as nonprofit corporations under Chapter 180 plus their recorded covenants. Fining authority therefore comes from your governing documents, not a state fine statute, and there is no statutory dollar cap. A hard rule for condos: you generally cannot withhold a fee or assessment to protest it — there is no right of set-off, so you must pay under protest and then sue to challenge it (Blood v. Edgar’s; Prince Condominium v. Prosser). Condo associations can also permit owners to install solar panels and EV charging stations (§ 6).

Massachusetts has one of the strongest association liens in the country. For condominiums, unpaid common-expense fees are an automatic lien from the date due, and a properly perfected lien has SUPER-PRIORITY over the first mortgage for up to six months of common expenses PLUS attorney fees and collection costs (§ 6(c)) — and it can’t be wiped out in bankruptcy. To perfect it, the association sends statutory 60-day and 30-day notices to the owner and mortgagee, then can foreclose judicially. Because the 6-month window is measured before the foreclosure filing, associations act fast. Non-condo HOAs rely on their covenants for lien/foreclosure authority.

Massachusetts has no blanket statute voiding all HOA solar restrictions, but the Condominium Act was amended to let the organization of unit owners grant permission for owners to install solar panels and EV charging stations (§ 6). Broader Massachusetts policy discourages unreasonable barriers to solar, but for condos and HOAs the governing documents and board approval process still play a major role. Practically, this is a moderate-protection state.

Records access depends on your community type. Condominium unit owners can, on written request, obtain a statement of unpaid common expenses and generally inspect association financial records; the master deed, trust, and bylaws are recorded public documents. Non-condo HOAs organized as nonprofits give members inspection rights under Chapter 180. There is no single detailed HOA records-deadline statute like other states, so your governing documents and the nonprofit law fill the gap.

No. Everything here is general legal information for education. How a statute applies to you depends on your governing documents and facts we can’t see. For a dispute involving your money or your home, talk to a licensed Massachusetts attorney. Read the full disclaimer.