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

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

Key Facts

Governing Law
MGL c.183A s.6
Super-Priority Lien
6 months unpaid
Lien Priority
Over first mortgage
Special Assessments
Per master deed
Foreclosure Forum
Land Court

Summary

Massachusetts condo associations in Waltham can assess common expenses, late fees, and special assessments under MGL c.183A, with super-priority lien rights for 6 months of unpaid dues.

(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

MGL c.183A s.6 authorizes Massachusetts condo associations to collect common area expenses pro rata based on unit percentage interest. Assessments cover maintenance, reserves, insurance, utilities, and administrative costs. Special assessments for capital improvements or emergency repairs may be levied per the master deed process. If a unit owner becomes delinquent, the association has a statutory priority lien under MGL c.183A s.6(c) covering up to 6 months of unpaid assessments, plus reasonable legal fees, which takes priority over the first mortgage. Foreclosure of condo liens is available in Land Court. Late fees and interest charges must be reasonable and authorized by the bylaws.

Frequently Asked Questions

What happens if I miss HOA dues in Waltham?
The association can place a priority lien on your unit and potentially foreclose after statutory notice, in Land Court.
Can the board raise dues without a vote?
Routine budget-based increases typically do not need owner vote; large special assessments may require owner approval per bylaws.

Sources & Official References

Other rules in Waltham

All Waltham rules

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