Massachusetts condo rules and regulations: A guide to unenforceable rules, compliance, and more

What are condo and HOA rules?

Massachusetts condo rules and regulations are guidelines adopted by a condominium association or homeowners association (HOA) to govern how the community operates and how owners use their property. Condo rules typically cover day-to-day living standards, such as noise levels, parking, use of common areas, and maintenance requirements. HOA rules in planned communities often address similar issues, with additional guidelines for landscaping or exterior modifications. These rules are meant to help the association carry out its legal responsibilities, such as preventive maintenance, collecting assessments, and protecting property values.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Examples of condo and HOA rules

Massachusetts condo and HOA rules vary by community, but most fall into common categories. Typical examples include:

• Noise control: Quiet hours, restrictions on loud music, or limits on construction work during early or late hours.
   
• Parking rules: Assigned parking spaces, guest parking permits, and towing policies for unauthorized vehicles.
   
• Pet policies: Breed or weight restrictions, leash requirements, or limitations on the number of pets.
   
• Use of common areas: Rules for gyms, pools, community rooms, or outdoor spaces.
   
• Renovations and alterations: Approval requirements for major interior work or any changes affecting shared systems.
   
• Trash and recycling: Guidelines for storage, pickup schedules, and penalties for improper disposal.
   
• Short-term rentals: Restrictions or bans on Airbnb or similar rental activity.

Each condo association or HOA sets its own rules, but they must align with the authority granted in its master deed and bylaws. Boards should also adopt these rules formally, provide proper notice to owners, and apply them consistently to avoid legal challenges.
 

Unenforceable HOA and condo rules in Massachusetts

Not all Massachusetts condo and HOA rules and regulations are enforceable, even if written into governing documents. A rule may be unenforceable if it conflicts with state or federal law, is applied inconsistently, or exceeds the authority granted to the board by Massachusetts laws or the association’s recorded documents.

Examples of potentially unenforceable rules include:

• Rules that violate fair housing laws, such as discriminatory pet policies for service or emotional support animals
   
• Restrictions inconsistent with the master deed or bylaws, such as limiting parking spaces differently than described in recorded documents
   
• Overly broad fines or penalties not authorized by the governing documents or state law
   
• Rules adopted without following proper notice or voting procedures required under state law

If owners believe a rule is unenforceable, they can raise concerns with the board or request clarification in writing. Boards should review rules periodically with legal professionals to reduce the risk of disputes.
 

Legal considerations: HOA and condo laws to know

Massachusetts condo and HOA rules and regulations must align with state law and each community’s recorded documents. For condominiums, Chapter 183A of the Massachusetts General Laws is the primary legal framework. It establishes how condominiums are created and operated, defining the rights and obligations of unit owners and the authority of the association.

Most HOAs in Massachusetts are incorporated as nonprofit organizations under Chapter 180 of the Massachusetts General Laws. This law applies to their corporate structure, including how boards are formed, how HOA board meetings are held, and how financial records are maintained. HOA boards must also follow their recorded covenants, conditions, and restrictions, which function as the community’s main authority for property use rules and owner obligations.
 

Homeowner rights

Homeowners in Massachusetts condos and HOAs have specific rights under state law and their association’s governing documents:

• Access to records: Owners may request key association documents, such as certain financial statements, budgets, and meeting minutes, within reasonable limits set by state law or the governing documents.
   
• Right to vote: Owners can vote on matters described in the bylaws or covenants, including electing board members and approving certain expenses or changes to community rules.
   
• Use of common areas: Owners are entitled to use common property, such as shared grounds or facilities, as outlined in the master deed or covenants, provided they follow reasonable community rules.
   
• Notice of meetings: Owners must receive proper notice of annual and special meetings according to the timelines and procedures in the governing documents.
   
• Challenging improper actions: Owners may contest board decisions that conflict with state law or recorded documents, often through internal dispute resolution.

Boards managing either type of community must follow Massachusetts condo and HOA rules and regulations while respecting these legal rights.
 

What happens if you break condo or HOA rules?

Violating Massachusetts condo and HOA rules and regulations can lead to fines, suspension of amenity use, or other enforcement measures permitted by the governing documents and state law. For condos, Chapter 183A allows boards to levy fines for rule violations if authorized by the bylaws, and unpaid fines can become a lien on the unit. HOAs also rely on their covenants and Chapter 180 to enforce rules, which may include legal action in serious cases. Boards are expected to apply penalties consistently and follow due process, giving owners notice of the violation and an opportunity to respond.
 

How FirstService Residential can help

Navigating Massachusetts condo and HOA rules and regulations can feel overwhelming, especially with the legal responsibilities boards must meet under Chapter 183A and Chapter 180. A reliable management partner can make this process easier by tracking compliance deadlines, reviewing rules for consistency with governing documents, and helping boards communicate changes clearly to owners.

At FirstService Residential, we work closely with boards to simplify day-to-day operations while supporting long-term goals. Our local team understands the unique needs of Massachusetts communities, from high-rise condominiums to HOAs, and we bring proven processes, industry expertise, and dedicated service to every property we manage.

Whether your board needs help reviewing existing rules, updating policies, or managing enforcement fairly and consistently, we can help. Contact FirstService Residential today to learn how we can support your community.