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Massachusetts condo owners must follow the community’s bylaws, pay required fees, and comply with rules that govern common areas, while also having clear rights to fair enforcement, financial transparency, and participation in major decisions. Understanding how associations handle repairs, special assessments, and disputes helps you protect your investment and respond confidently when issues arise. This guide highlights the key legal rules that shape condo living in Massachusetts.
Your Rights Under Massachusetts Condo Law
Condo associations manage the community, but state law ensures owners have meaningful protections. You have the right to fair rule enforcement, access to financial records, participation in major decisions, and notice before important votes. These rules also ensure that associations maintain common areas, follow their own bylaws, and communicate changes that affect owners.
In most situations, an association can adopt and enforce rules as long as they align with the master deed, bylaws, and Massachusetts law. When a rule conflicts with these documents, owners may challenge it. Boards must enforce rules consistently. If they apply rules unevenly, owners may question or challenge the enforcement action.
Why Condo Bylaws Matter
Bylaws outline how the community functions. They explain voting procedures, board responsibilities, financial planning, and owner obligations. Reviewing bylaws before purchasing a condo can help you understand pet policies, renovation restrictions, and how maintenance costs are divided.
Common issues addressed in bylaws include:
- Use of common areas
- Repair and maintenance responsibilities
- Parking rules
- Meeting procedures
- Budget requirements and reserve funds
Disputes often arise when bylaws are unclear or outdated. We regularly see disagreements about who must pay for repairs or how rules should be interpreted. Knowing where to find answers in the governing documents can help prevent unnecessary conflict.
Special Assessments and Monthly Fees
Monthly condo fees support ongoing expenses like insurance, utilities for common areas, and routine repairs. Special assessments are different. They are one-time charges imposed when the association needs extra funds for significant projects such as structural repairs or major upgrades.
The board must follow the procedures in the bylaws for collecting a special assessment. If the proper vote is not taken or if the board mismanages reserve funds, owners may question the assessment or request financial documentation. Transparent communication from the association often helps reduce disputes, but owners still have rights when fees appear unreasonable or unsupported.
Common Area Disputes and How They Are Addressed
Shared spaces can create tension when owners disagree about maintenance, noise, parking, or structural concerns. When a disagreement arises, the first step is to determine who is responsible for the issue. The master deed usually indicates whether a problem falls under the unit owner’s responsibility or the association’s.
If you raise a concern and the board does not respond, you may request a meeting, propose a vote, or ask for clarification in writing. Mediation is often effective for neighbor-to-neighbor conflicts, while legal action may be considered when a board fails to enforce bylaws, complete necessary repairs, or follow required procedures.
How a Real Estate Attorney Helps Condo Owners
Condo purchases and disputes involve detailed documents and strict procedures. A real estate attorney helps you understand those documents before you buy and provides support if issues arise later. We frequently assist owners with:
- Reviewing and interpreting bylaws
- Challenging improper assessments
- Responding to enforcement actions
- Addressing common-area repair concerns
- Reviewing purchase agreements for buyers and sellers
- Facilitating conflict resolution with associations or neighbors
When tensions escalate, an attorney can help organize correspondence, evaluate the governing documents, and pursue solutions that protect your financial and legal interests.
Working productively with your association
Active participation helps reduce misunderstanding. Attending meetings, reading announcements, and keeping your copies of budgets and notices can make it easier to address issues if something changes later. Owners who stay informed often have better insight into how decisions are made and why fees fluctuate.
If something seems unclear, requesting an explanation in writing creates a useful record and encourages the board to respond with more detail.
Protect Your Rights as a Massachusetts Condo Owner
Condo ownership offers convenience and shared responsibility, but it also comes with rules that affect daily life and long-term costs. Understanding those rules helps you avoid conflict and respond effectively when concerns arise. Whether you’re facing a disagreement over repairs, a sudden assessment, or a rule enforcement issue, we help you understand your options and take clear next steps.
LaFountain & Wollman, P.C. assists condo owners in reviewing documents, addressing disputes, and moving forward with confidence. Contact us to discuss your situation and get practical legal support.