CC&R Enforcement: Arlington vs Somerville
How do cc&r enforcement rules compare between Arlington, MA and Somerville, MA?
Arlington and Somerville have similar restriction levels.
Arlington, MA
Middlesex County
Master deeds, bylaws, and recorded rules are enforced by trustees under MGL c.183A. Remedies include fines, liens, injunctions, and cost recovery.
View full Arlington rules βSomerville, MA
Middlesex County
Somerville condo boards enforce the Master Deed, Declaration of Trust, and Rules and Regulations under MGL c.183A through notice, fines, and ultimately Land Court action, with procedural fairness required by the bylaws.
View full Somerville rules βKey Facts Comparison
| Fact | Arlington | Somerville |
|---|---|---|
| Authority | MGL c.183A | - |
| Fines | If authorized in bylaws | Must be reasonable |
| Cost collection | Added to unit account | - |
| Risk | Waiver from selective enforcement | - |
| Non-condo HOA | MGL c.180 | - |
| Enforcement Path | - | Notice, cure, hearing, fine |
| Selective Enforcement | - | Not allowed |
| Court | - | Land Court injunctions |
| Contact | - | Somerville 311 or (617) 625-6600 |
Highlighted rows indicate differences between cities.
Arlington FAQ
Can a board fine without a hearing?
Most bylaws require notice and an opportunity to be heard before imposing fines.
Are fines collectible as liens?
Yes, if the bylaws treat them as common expenses and MGL c.183A s.6 lien procedures are followed.
Somerville FAQ
Can my Somerville condo board fine me without a hearing?
Only if the bylaws explicitly allow it. Most bylaws require notice and an opportunity to be heard before fines become effective.
What if the board enforces rules unevenly?
Selective enforcement is a recognized defense in Massachusetts. Document similarly situated owners not being fined and raise it before the board or in court.
Compare other topics
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