Massachusetts Statewide Rule
Massachusetts Condominium & HOA Assessment Collection Rules
Key Facts
- Condo statute
- M.G.L. c. 183A § 6
- Super-priority
- 6 months of assessments + costs/fees beat first mortgage
- Foreclosure method
- Enforced under c. 254 §§ 5 and 5A
- Comprehensive HOA act
- None: non-condo HOAs use declaration + c. 180
- Beneficial interest
- Lien tied to unit's common-area percentage
Summary
Massachusetts has no comprehensive HOA act. Condominium associations get a powerful statutory lien under M.G.L. c. 183A § 6 that carries a six-month super-priority over a first mortgage. Non-condo HOAs have no such statute and rely on their recorded declaration plus c. 180 nonprofit law to assess and collect.
Section 6: Common profits and expenses; lien 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.
Full Breakdown
Under M.G.L. c. 183A § 6, the organization of unit owners has a lien on a unit "for any common expense assessment levied against that unit from the time the assessment becomes due." That lien ranks ahead of most encumbrances except a first mortgage recorded before delinquency and real-estate-tax liens. Crucially, Massachusetts grants a six-month super-priority: the lien is prior to such a first mortgage "to the extent of the common expense assessments ... which would have become due ... during the six months immediately preceding institution of an action to enforce the lien" plus costs and reasonable attorneys' fees. The lien is enforced under c. 254 §§ 5 and 5A. Non-condominium HOAs get no statutory lien, collection depends on the declaration and c. 180.
Violations & Penalties
Unpaid condo assessments become a lien foreclosable under c. 254 §§ 5–5A, with a six-month slice plus costs and reasonable attorneys' fees taking priority over a first mortgage (§ 6). The association may also accept a deed in lieu of enforcement. Non-condo HOA remedies are only whatever the recorded declaration provides.
Frequently Asked Questions
Can a Massachusetts condo association put a lien ahead of my mortgage?
How does a Massachusetts condo association foreclose for unpaid dues?
What law governs assessments in a non-condo Massachusetts HOA?
Sources
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