The Act requires associations to maintain an adequate replacement reserve fund, mandates annual CPA reviews for associations with 50+ units, and creates a 6-month super-priority lien for unpaid regular assessments. There is no separate Massachusetts HOA statute — planned communities operate as nonprofit corporations or trusts under general corporate law. Resale disclosure is unusually minimal: the only statutorily required document is the 6(d) certificate of unpaid assessments. Boston adds a facade-inspection ordinance for buildings above 70 feet. The dominant risks are condo-conversion diligence in older converted stock, reserve underfunding under the 'adequate' standard, and aging building exposure across Greater Boston's pre-1980 inventory.
Reserve required but undefined
M.G.L. c.183A requires every condo to maintain an 'adequate replacement reserve fund' — but the Act does not define adequate, does not require a reserve study, and sets no funding target. Owners may waive reserves by 67-percent vote. A pending bill (S.980) would require reserve studies every 10 years for 50+-unit condos. Many older Massachusetts condos operate with reserves that are statutorily compliant but inadequate against realistic capital trajectory.
6-month super-lien with judicial foreclosure
Under M.G.L. c.183A §6, the association's lien primes a first mortgage for up to 6 months of regular common-expense assessments. Special assessments, fines, interest, and late fees are excluded from the super-priority calculation. Foreclosure is judicial only — Massachusetts does not permit non-judicial trustee sales of condo liens.
Condo-conversion stock concentration in Greater Boston
Massachusetts has one of the country's larger inventories of condo-converted brownstones, triple-deckers, and mill buildings. Conversion-era documentation quality varies widely. For pre-1985 conversions in particular, the underlying construction was not designed for condo ownership, and post-conversion deferred maintenance has accumulated. Voluntary engineering and envelope reports are particularly informative for converted stock.
Boston Facade Ordinance compliance (Section 9-9.12)
Buildings over 70 feet tall (or large multi-unit buildings) in Boston must undergo periodic facade and exterior inspections, generally every 5 years, by a registered engineer or architect. Non-compliance can result in fines or vacate orders. For Boston high-rise diligence, the most recent facade inspection report is a key document — and the absence of one for a covered building is a material finding.
Minimal statutory resale disclosure
The 6(d) certificate (M.G.L. c.183A §6(d)) — a statement of unpaid common expenses delivered within 10 business days of request — is the only statutorily required resale disclosure. Massachusetts has no rescission period and no statutory resale package. Buyers must proactively request budget, financials, reserve information, insurance, minutes, and litigation summaries through the contract.