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🏘️ HOA Rules/Assessment & Dues

Lowell vs Newton

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

Newton has fewer restrictions than Lowell.

Lowell, MA

Middlesex County

Heavy Restrictions

Lowell condo associations may levy common area assessments under MGL c.183A, with a super-priority lien for up to 6 months of unpaid common charges that takes priority over a first mortgage.

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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.

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Key Facts Comparison

FactLowellNewton
Super-priority lien6 months over mortgage-
StatuteMGL c.183A s.6-
Assessment basisUnit percentage interest-
Withholding allowedNo, pay under protest-
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.

Lowell FAQ

Can I withhold my condo fee for poor service?

No. Courts require payment regardless of disputes; recover damages in a separate action.

What is the 6-month super-priority lien?

Up to 6 months of unpaid condo fees take priority over a first mortgage in foreclosure.

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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