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🏘️ HOA Rules/CC&R Enforcement

CC&R Enforcement: Lexington vs Waltham

How do cc&r enforcement rules compare between Lexington, MA and Waltham, MA?

Lexington and Waltham have similar restriction levels.

Lexington, 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 Lexington rules β†’

Waltham, MA

Middlesex County

Some Restrictions

Waltham condo associations enforce master deeds, bylaws, and rules under MGL c.183A s.10, using fines, liens, and Land Court action against violators.

View full Waltham rules β†’

Key Facts Comparison

FactLexingtonWaltham
AuthorityMGL c.183A-
FinesIf authorized in bylawsPer bylaws
Cost collectionAdded to unit account-
RiskWaiver from selective enforcement-
Non-condo HOAMGL c.180-
Statutory Basis-MGL c.183A s.10
Liens-For unpaid fines
Enforcement Court-Land Court
Fair Housing-FHA and MGL c.151B apply

Highlighted rows indicate differences between cities.

Lexington 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.

Waltham FAQ

Can my HOA fine me for rule violations?

Yes, if the bylaws authorize fines and they are reasonable, with due notice and opportunity to cure or appeal.

Does selective enforcement help my defense?

Yes, inconsistent or discriminatory enforcement can be a defense against HOA enforcement actions.

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