Massachusetts HOA Laws

Although there is no statute that is specifically designed for homeowners associations in Massachusetts, it is still worth knowing what other laws might apply. Here are the Massachusetts HOA laws you should know about.

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Although there is no statute that is specifically designed for homeowners associations in Massachusetts, it is still worth knowing what other laws might apply. Here are the Massachusetts HOA laws you should know about.

 

For Condominiums

The Massachusetts Condominium Statute oversees the creation, operation, and management of condominium associations. A condo association can elect to be governed by this Act by recording a master deed or declaration with the register of deeds in the county where the association is located.

You can find the Massachusetts Condominium Statute under Part II, Title I, Chapter 183A of the Massachusetts General Laws. It consists of 23 sections, namely:

 

Massachusetts HOA Laws on Corporate Governance

The Massachusetts Corporations for Charitable and Certain Other Purposes Act applies to corporations in the state. It provides governance in terms of corporate procedure, structure, and management. A majority of homeowners associations and condominiums in Massachusetts form as corporations. Therefore, they are subject to the provisions of this Act.

You can find this Act under Part I, Title XXII, Chapter 180 of the Massachusetts General Laws. It consists of several sections, namely:

 

Massachusetts General Provisions Relative to Real Property

This chapter of the HOA laws of Massachusetts regulates restrictive covenants and how associations may enforce them. That includes restrictive covenants based on certain classes such as sex, race, and religion, as well as disabilities. It also consists of a provision prohibiting associations from restricting the use or installation of solar energy devices such as solar panels.

 

Fair Housing

Massachusetts also has its own Fair Housing laws, protecting citizens’ right to access to all housing opportunities. It prohibits discrimination based on sex, sexual orientation, age, race, color, ancestry, national origin, religious creed, marital status, children, veteran status, handicap, and receipt of housing subsidy or public assistance. This statute functions in the much same way as the federal Fair Housing Act.

Housing discrimination victims can file a private lawsuit in federal or state court. They may also choose to report the discriminatory act to the U.S. Department of Housing and Urban Development or the Massachusetts Commission Against Discrimination.

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