Lowell, MA HOA Rules: Assessment & Dues (2026)
Key Facts
- Super-priority lien
- 6 months over mortgage
- Statute
- MGL c.183A s.6
- Assessment basis
- Unit percentage interest
- Withholding allowed
- No, pay under protest
Summary
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.
Section 6. (a) (i) Except as provided in paragraph (ii), all common expenses shall be assessed against all units either in accordance with their respective percentages of undivided interest in the common areas and facilities or, if stated in the master deed or an amendment thereto duly recorded in the approximate relation that the area of the unit bears to the aggregate area of all the units, which may take into account unit location, amenities in the unit, and limited common areas and facilities benefiting the unit; provided, however, that such an amendment shall require the consent of all unit owners whose common expense assessment is materially affected. The organization of unit owners shall have a lien on a unit for any common expense assessment levied against that unit from the time the assessment becomes due. Common expense assessments must be made at least annually, based on a budget adopted at least annually in accordance with the master deed, trust, or by-laws. [...] (b) The unit owner shall be personally liable for all sums assessed for his share of the common expenses including late charges, fines, penalties, and interest assessed by the organization of unit owners and all costs of collection including attorneys' fees, costs, and charges. (c) When any portion of the unit owner's share of the common expenses has been delinquent for at least sixty days subsequent to April 1, 1993, the organization of unit owners shall send a notice stating the amount of the delinquency to the unit owner by certified and first class mail.
Full Breakdown
Condominium associations in Lowell levy monthly common area assessments (condo fees) based on each unit's percentage interest as stated in the master deed. Under MGL c.183A s.6, unpaid assessments become a lien on the unit, and up to 6 months of unpaid common charges (plus reasonable attorney fees) have priority over a first mortgage under the Massachusetts super-priority statute, a powerful collection tool. Special assessments for major repairs must be authorized per bylaws, often requiring a vote of unit owners above a threshold amount. Boards must prepare an annual budget and distribute it to unit owners with reasonable notice before assessments are due. Late fees, interest, and collection costs are collectible if authorized by bylaws. Unit owners cannot withhold assessments to protest maintenance or management issues; courts consistently enforce the obligation to pay while other disputes are resolved.
Frequently Asked Questions
Can I withhold my condo fee for poor service?
What is the 6-month super-priority lien?
Sources & Official References
Other rules in Lowell
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Assessment & Dues in Nearby Cities
How other cities in this county handle assessment & dues.