Question:
Can an HOA in Massachusetts with 40B units add an amendment to bylaws which new buyers to pay 3 months of HOA dues at time of purchase?
– Nancy
Answer:
Hi Nancy,
In Massachusetts, an HOA can amend its governing dcouments to require new buyers to prepay HOA dues, but it must follow the proper amendment process outlined in its governing documents and comply with state laws, including MGL Chapter 183A if the association is a condominium. However, because the community includes Chapter 40B affordable housing units, additional restrictions may apply.
Affordable units under 40B are subject to regulatory agreements that limit excessive fees on buyers to ensure affordability. Requiring new owners to prepay three months of dues could be seen as an undue financial burden, especially for 40B unit buyers.
The HOA should consult the Massachusetts Department of Housing and Community Development (DHCD) or the agency overseeing its 40B units to determine if this amendment would violate affordability restrictions. If the amendment is permitted, it must be properly adopted according to the HOA’s governing documents, typically requiring a membership vote and possibly lender approval.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
