Massachusetts Covenant & Architectural Enforcement

For condominiums, M.G.L. c. 183A § 11 requires the by-laws to state "[r]estrictions on and requirements respecting the use and maintenance of the units and the use of the common areas and facilities," and § 10 gives the organization standing to bring litigation to enforce the by-laws. Section 4 reserves exclusive ownership of each unit subject to the restrictions in the master deed. Architectural and use rules thus live in the recorded master deed, by-laws, and rules. For non-condominium HOAs there is no enforcement statute; covenants are ordinary recorded deed restrictions enforced under common law and the declaration, with the association operating as a c. 180 nonprofit. Massachusetts courts construe restrictive covenants strictly against the party seeking to enforce them, so vague or stale restrictions can fail.

Condo associations may sue to enforce master-deed and by-law restrictions (c. 183A § 10); remedies include injunctions and recovery of costs/fees as the by-laws allow. Non-condo covenant violations are enforced as recorded deed restrictions under the declaration. No statutory penalty schedule exists.