Massachusetts • Special assessment notice
Special assessment on your Massachusetts condo — what does Chapter 183A allow?
Massachusetts condo law is old and lean — broad board authority, a thin disclosure regime, and a reserve requirement that's barely defined. That puts the burden on owners to read the documents, because the statute won't surface a coming assessment for you.
The short answer
In Massachusetts the board can levy a special assessment for capital work or shortfalls unless your bylaws require an owner vote, with no statutory cap (M.G.L. c. 183A § 10). There's also no state-mandated disclosure of a pending assessment at resale. CondoSignal reads your notice and documents against Chapter 183A. Free.Massachusetts at a glance
Owner vote required?
Per bylaws
Board may levy under § 10.
Assessment cap
None
No statutory cap or frequency limit.
Reserve
'Adequate' (undefined)
Waivable by a 67% vote.
Super-lien
6 months
Regular assessments only (§ 6).
Board authority under § 10
M.G.L. c. 183A § 10 expressly lets the board levy special assessments for capital improvements or expense shortfalls, and to borrow against future assessments if the documents allow. There's no statutory cap on amount or frequency, and no owner-vote requirement unless your bylaws impose one — so the bylaws are where any real limit lives.
An 'adequate' reserve that isn't defined
Condos must maintain an 'adequate' replacement reserve (§ 10), but the statute never defines 'adequate' or sets a funding level, and owners can vote (67%) to waive it entirely. A pending bill (S.980) would require engineer-led reserve studies for larger buildings, but until then, an underfunded reserve is both legal and a leading cause of special assessments.
The disclosure gap
On request the association must provide a 6(d) certificate of unpaid assessments within 10 business days — but Massachusetts has no comprehensive resale-disclosure regime, so a pending special assessment may not surface automatically. The budget, reserves, minutes, and insurance have to be requested and read directly.
Your rights in Massachusetts
Massachusetts condo owners are entitled to a 6(d) certificate of unpaid assessments within 10 business days of request (§ 6) and to the association's insurance and budget on request; there's no broad statutory resale disclosure or buyer rescission. None of this is legal advice — confirm against c. 183A and Massachusetts counsel.
What to check
- Read the bylaws for any owner-vote requirement on special assessments.
- Request the reserve balance and any study (none is mandated).
- Confirm whether reserves were waived by a 67% vote.
- Get the 6(d) certificate of unpaid assessments.
- Check the master-policy named-storm deductible and flood coverage.
- Read recent minutes for a forming assessment.
Sources
- M.G.L. c. 183A § 10 — reserves, assessments, insurance powers(High)
- M.G.L. c. 183A § 6 — liens & 6(d) certificate(High)
Educational only — not legal, financial, or engineering advice. Confirm against the current statute and, where it matters, a Massachusetts-licensed professional.
FAQ
Frequently asked questions
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