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🏘️ HOA Rules/Assessment & Dues

Assessment & Dues: Ayer vs Newton

How do assessment & dues rules compare between Ayer, MA and Newton, MA?

Newton has fewer restrictions than Ayer.

Ayer, MA

Middlesex County

Heavy Restrictions

Under MGL c.183A s.6, condo assessments are a lien on the unit with super-lien priority for up to six months of common expenses over first mortgages.

View full Ayer rules β†’

Newton, MA

Middlesex County

Some Restrictions

Newton condo assessments are authorized by MGL c.183A s.6 and s.10, allowing common expense charges and special assessments enforceable by super-priority lien.

View full Newton rules β†’

Key Facts Comparison

FactAyerNewton
StatuteMGL c.183A s.6-
Super-lienUp to 6 months priority-
Share basisPercentage interest-
Special assessmentsBylaw-governed-
Collection venueHousing or Superior Court-
Authority-MGL c.183A s.6 and s.10
Basis-Proportional to unit interest
Super-Priority-6 months ahead of first mortgage
Late Charges-Bylaw-driven interest and fees
Special Assessments-For capital projects

Highlighted rows indicate differences between cities.

Ayer FAQ

Can my condo foreclose over unpaid fees?

Yes. MGL c.183A s.6 allows the association to foreclose on its lien for unpaid common expenses.

Do fees survive foreclosure?

Up to six months of unpaid common expenses have priority over the first mortgage.

Newton FAQ

Can my Newton condo force me to pay a special assessment?

Yes, if properly adopted per the bylaws and Chapter 183A, unit owners must pay and failure creates an enforceable lien.

What is the super-priority lien?

Up to 6 months of unpaid common charges have priority over even a first mortgage, encouraging lenders to cure delinquencies.

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