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🏘️ HOA Rules/CC&R Enforcement

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

Some Restrictions

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 β†’

Somerville, MA

Middlesex County

Some Restrictions

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 β†’

Key Facts Comparison

FactArlingtonSomerville
AuthorityMGL c.183A-
FinesIf authorized in bylawsMust be reasonable
Cost collectionAdded to unit account-
RiskWaiver from selective enforcement-
Non-condo HOAMGL 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.

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