Massachusetts has no comprehensive statute governing non-condominium homeowners associations — no equivalent to a Uniform Common Interest Ownership Act. (Even the state's condo law, G.L. c. 183A, dates to 1963 and is widely considered outdated.) For a planned-community HOA, governance runs on the recorded Declaration of Covenants, Conditions and Restrictions as a private contract, the general nonprofit corporation statute, G.L. c. 180, and ordinary Massachusetts contract and covenant law.
Fines: what your HOA can and can't charge
No Massachusetts statute grants, caps, or regulates HOA fine authority for non-condo associations — fine power comes entirely from the declaration and bylaws. One thing worth flagging: a 2024 legal-blog analysis noted that many older Massachusetts subdivision covenants (recorded in the 1960s–1990s) may have silently expired under the state's covenant-duration statute if they lacked a proper extension mechanism — meaning some associations could be trying to fine owners for violating restrictions that are no longer legally enforceable. If a fine feels questionable, it's worth having a lawyer check whether the underlying covenant is even still in force.
See our guide on how to fight an HOA fine for the general playbook.
Unpaid assessments, liens, and foreclosure
Non-condo HOAs have no statutory lien right in Massachusetts — any lien authority, and any priority over a first mortgage, has to come explicitly from the declaration. (Massachusetts condo associations do get an automatic statutory lien with limited priority; that doesn't extend to non-condo HOAs.) Without a lien drafted like a mortgage, enforcement generally means either an ordinary breach-of-contract lawsuit for a money judgment, or a judicial foreclosure action treating the declaration's lien as an equitable lien — Massachusetts's fast, non-judicial "power of sale" foreclosure is generally available only where the instrument is drafted as an actual mortgage. No fixed interest rate applies specifically to HOA assessments; Massachusetts's criminal usury statute caps interest at 20% annually as a general outer bound, though whether that even applies to HOA late fees (as opposed to actual lending) is an open question.
More on this in our guide to what happens if you don't pay HOA dues.
Meetings and quorum
Massachusetts's nonprofit corporation statute (G.L. c. 180, § 6A) largely delegates meeting notice and quorum requirements to the corporation's own bylaws rather than setting firm statutory defaults — there's no fixed default quorum percentage in the statute itself. Special meetings can be called by the president or directors, and must be called if members holding at least 10% of the smallest required quorum request one in writing. Remote and hybrid membership meetings are expressly authorized as of a 2023 amendment, so long as the corporation verifies attendee identity and preserves voting records.
Board elections
No Massachusetts statute specifically governs HOA board elections — mechanics are set entirely by the bylaws, and (notably) we found no general director-removal statute in Chapter 180 comparable to what many other states' nonprofit corporation acts provide, meaning removal procedures need to be spelled out clearly in your association's own bylaws rather than relying on a state default.
For the general mechanics, see how HOA board elections work.
Buying a home in a Massachusetts HOA
Massachusetts is a caveat emptor state with only two narrow mandatory seller disclosures (lead paint for pre-1978 housing, and septic system disclosure) — there's no general property-condition disclosure law, and critically, no resale-certificate or HOA-status disclosure statute for condos or non-condo HOAs.
See our full buying checklist for homes in an HOA before you make an offer.
Need help with a Massachusetts HOA issue? Find an HOA attorney in Massachusetts, or find a management company in Massachusetts.