How to Dispute an HOA Violation in Massachusetts

HOA Law in Massachusetts

Massachusetts does not have a comprehensive standalone HOA statute for planned communities. Condominiums are governed by M.G.L. Chapter 183A, while other planned communities typically operate under condominium trusts or are governed by their own CC&Rs and bylaws. Many communities in Massachusetts are organized as trusts rather than corporations, which affects how governance and enforcement work.

Under Massachusetts law, the trustees of a condominium trust have fiduciary duties to all unit owners. This means they must act in good faith, with reasonable care, and in the best interests of the community as a whole. Massachusetts courts have a long history of scrutinizing trustee actions and holding them accountable when they breach these duties. Enforcement of rules and restrictions must be reasonable and applied consistently.

Massachusetts homeowners challenging an HOA violation should focus on whether the board or trustees followed proper procedures and acted within the scope of their authority under the trust or CC&Rs. Massachusetts courts will generally enforce covenants and restrictions as written, but they also require that restrictions be clear and unambiguous. If you can demonstrate that the board acted arbitrarily, selectively, or outside its authority, Massachusetts courts can provide relief.