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Somerville, MA HOA Rules: Assessment & Dues (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

Governing Statute
MGL c.183A s.6
Allocation
Per percentage interest
Super Lien
6 months priority over mortgage
Notice
60 days before super-lien
Contact
Somerville 311 or (617) 625-6600

Summary

Somerville condo assessments are levied under MGL c.183A s.6 per unit percentage interest, and unpaid amounts become a priority lien under s.6(c) senior to most mortgages for 6 months.

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.

(ii) If any expense is incurred by the organization of unit owners as a result of the unit owner's failure to abide by the requirements of this chapter or the requirements of the master deed, trust, by-laws, restrictions, rules or regulations, or by the misconduct of any unit owner, or his family members, tenants, or invitees, the organization of unit owners may assess that expense exclusively against the unit owner and such assessment shall constitute a lien against that unit from the time the assessment is due, and such assessment shall be enforceable as a common expense assessment under this chapter. [...]

(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

Under MGL c.183A s.6, every Somerville condo unit owner must pay common expense assessments in proportion to the unit's undivided percentage interest as set in the Master Deed. Boards may levy regular assessments (typically monthly) and special assessments for unbudgeted expenses. Section 6(c) creates a powerful super-priority lien: up to six months of unpaid common expenses plus costs and reasonable attorney's fees take priority over a first mortgage. Associations must first give 60 days written notice to the delinquent owner and the first-mortgage holder before enforcing the super-lien. Assessments must be calculated based on the Master Deed's percentage interests, not per-unit or per-square-foot unless those were used in the original allocation. Owners who disagree with an assessment generally cannot withhold payment but can challenge it through dispute resolution or Land Court. Late fees, interest, and collection costs may accrue per the Declaration of Trust.

Frequently Asked Questions

Can my Somerville condo impose a special assessment?
Yes, if the bylaws authorize it. Most bylaws allow the board to assess needed capital improvements or emergency repairs, sometimes requiring owner approval above a threshold.
What happens if I do not pay my condo fees?
The association can file a super-lien for up to 6 months of fees plus costs that takes priority over your mortgage, then foreclose if unpaid.

Sources & Official References

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