Somerville, MA HOA Rules: CC&R Enforcement (2026)

Somerville condo boards derive enforcement authority from MGL c.183A, the Master Deed, Declaration of Trust, and adopted Rules and Regulations. Typical enforcement follows a progression: written notice of the alleged violation, opportunity to cure, hearing before the board if requested, and fines or other penalties if the violation continues. Fines must be reasonable and authorized by the bylaws; courts have struck down excessive or unauthorized fines. Boards cannot selectively enforce rules against some owners and not others; uniform enforcement is essential to avoid discrimination claims. If fines go unpaid they may be added to the unit's assessment account and subject to the priority lien under s.6(c). For ongoing violations such as unauthorized short-term rentals, illegal pets, or architectural changes, boards can seek injunctive relief in the Massachusetts Land Court. Owners have due-process rights under bylaws and cannot be fined without notice and opportunity to respond. Somerville may separately cite owners for building code violations.