Massachusetts guide
Massachusetts HOA special assessment rules
Massachusetts gives condo boards broad special-assessment authority under M.G.L. c.183A.
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The Act permits levying special assessments by amending the budget for capital improvements or expense shortfalls. There is no statutory cap; caps and approval thresholds live in the bylaws. HOAs operate entirely under contract. For both, reading bylaws and minutes alongside the 6(d) certificate reveals where future assessments form.
Statutory framework
Under c.183A, the board may levy regular and special assessments per the budget. Board approval alone is sufficient unless bylaws require an owner vote. No statutory cap. Special assessments for capital improvements, deficit funding, or emergency repairs are explicitly permitted.
Bylaws and owner-vote thresholds
Many Massachusetts condo bylaws impose owner-vote thresholds for special assessments above a stated amount or percentage of the budget. Common patterns: 51-percent or 67-percent owner approval. Read the bylaws first to understand what the board can do unilaterally and what requires owner approval.
Detecting pending assessments
The 6(d) certificate covers unpaid amounts but does not catch all pending assessment activity. Discussions in board meetings, contractor proposals, and capital programs under consideration may not appear on the certificate. Read 18+ months of meeting minutes.
Borrowing
Associations may borrow if the governing documents permit. M.G.L. c.183A does not specifically address borrowing. Bylaws typically require owner approval for material loans. Read minutes for any borrowing discussions — loans materially affect future dues even when not reflected in current documents.
Massachusetts legal references
- M.G.L. c.183A §6 — Assessments and lien
- M.G.L. c.183A §10 — Board powers including assessment authority
Informational only. Not legal advice. Always confirm against current statute and counsel.
Need help applying these Massachusetts statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a Massachusetts specialist →Reviewer's checklist
- Read bylaws for any owner-vote threshold on special assessments
- Confirm any formally levied assessments are in the 6(d) certificate
- Read 18+ months of board minutes for upcoming capital projects
- Check master-policy renewal history for premium-driven assessment pressure
- Identify any voluntary engineering reports indicating upcoming capital needs
- Check for any outstanding association loans or lines of credit
- For Boston tall buildings: check for Section 9-9.12 repair items
- Address contract allocation of any assessment levied between contract and closing
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Related risk areas
Read these next to round out your due diligence
Reserve studies
A reserve study tells you what the association expects to spend on long-term capital repairs and replacements, and whether it is funding those obligations adequately.
Condo document review
A condo document review is the structured analysis of every disclosure document your seller or association has provided — declaration, bylaws, rules, reserve study, budgets, financials, meeting minutes, insurance summary, estoppel or resale certificate, and any pending special assessment notices.
Insurance risk
The association's master insurance policy determines what your personal HO-6 policy needs to cover — and what it does not.
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Free, structured read of what's actually behind a fee change, an insurance renewal, or a pending assessment — with page citations you can verify. No cost, no obligation.
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We can connect you with insurance brokers, realtors, and mortgage brokers who can help you respond to what your documents reveal.
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