Massachusetts Condo Laws: Who Repairs What

Governing law

State law sets the defaults. Your declaration (sometimes called the master deed or CC&Rs) usually fills in the details, and it often moves specific items between the owner and the association. Read both together.

Who maintains what

Chapter 183A mostly defers to the condo documents. Section 11(a) requires the bylaws to set the method for the necessary maintenance, repair, and replacement of the common areas and facilities and how it is paid for. Under section 6(a), the association may charge the cost of maintaining, repairing, or replacing a limited common area only to the unit it serves, or require that owner to do the work. Under section 4, owners must give the association reasonable access to their unit for common area repairs and emergency repairs.

For a component-by-component breakdown, see who pays for what and limited common elements.

Unit boundaries

Section 1 defines a unit as one or more rooms, including the enclosed space, plus balconies, terraces, or storage lockers if the master deed says they belong to the unit. Section 8 requires the master deed to describe each unit and include floor plans showing its layout and dimensions. The master deed sets the exact boundaries, so read it closely.

Boundaries decide most repair disputes, from plumbing leaks to windows. Our unit boundaries guide explains how to read them.

Key provisions

• Unless the master deed says otherwise, common areas include foundations, main and common walls, roofs, hallways, central utility systems, and the land (M.G.L. c. 183A, sec. 1).
• The association may assess an expense to one owner if it results from that owner's rule violation or misconduct, or that of family, tenants, or guests (sec. 6(a)(ii)).
• Unpaid assessments create a lien with priority over a first mortgage for up to six months of budgeted common expenses, plus certain collection costs (sec. 6(c)).
• All condos must keep an adequate replacement reserve fund in a separate account (sec. 10(i)).
• The association must name a person or entity to oversee common area maintenance and repair and tell owners who it is (sec. 10(k)).

Reserve studies

Thin reserves often turn into special assessments. See reserve study red flags for what to look for.

What is different in Massachusetts

Insurance and deductibles

Section 10 gives the organization of unit owners the power to obtain insurance on the common areas and facilities, written in its name. That coverage does not limit each owner's right to insure their own unit. The association must keep copies of all current insurance policies with its records. Chapter 183A does not set a statewide rule for who pays the master policy deductible, so look for deductible language in your master deed, trust, bylaws, and rules.

Related: HOA insurance deductibles and master policy vs HO-6.

Buying or selling a Massachusetts condo

The key resale document is the 6(d) certificate under M.G.L. c. 183A, sec. 6(d). It states unpaid common charges and other sums assessed against the unit. The association must furnish it within ten business days after a written request, for a reasonable fee. Chapter 183A does not require a broader resale package or give buyers a statutory cancellation period tied to condo documents. Buyers should request the master deed, trust, bylaws, rules, budget, minutes, and insurance details before signing, and owners have a right to examine association records under section 10.

Frequently Asked Questions

What is a 6(d) certificate in Massachusetts?

It is a statement from the condo association showing the unpaid common charges and other sums assessed against a unit. Named for section 6(d) of Chapter 183A, it must be provided within ten business days of a written request for a reasonable fee. When recorded, it clears the unit of liens for other unpaid sums, which is why lenders and closing attorneys require it.

Who pays to repair a deck or balcony assigned to my Massachusetts condo?

Check your master deed first. If the deck is a limited common area, section 6(a) lets the association charge the repair or replacement cost to your unit alone, or require you to do the work yourself. If the documents do not use that option, the cost may be shared as a common expense. The master deed and bylaws control.

Can my Massachusetts condo association charge me for a leak that started in my unit?

Possibly. Section 6(a)(ii) lets the association assess an expense to one owner if it resulted from that owner's failure to follow the condo documents or from misconduct by the owner, family, tenants, or guests. Whether a leak qualifies depends on the facts and your documents, including any deductible policy in the bylaws.

Who do I call about common area repairs in a Massachusetts condo?

Section 10(k) requires every association to designate a person or entity to oversee maintenance and repair of the common areas and to give owners that name and phone number in writing. Owners who rent out units must also name someone to oversee repairs in the unit and share that information with the tenant and association.