Whether you’re a newly elected trustee or a seasoned board member, understanding the basics of Massachusetts condo law isn’t optional. It’s essential.
The governing statute for condominiums in Massachusetts is Massachusetts General Laws Chapter 183A. While you don’t need to memorize it line by line, you do need to understand how it impacts your decisions, your liability, and your association’s long-term stability.
Here’s what every board member should know.
- You Are a Fiduciary — Not Just a Volunteer
Board members have a fiduciary duty to the association.
That means you are legally obligated to:
Act in the best interest of the association
Avoid conflicts of interest
Exercise reasonable care and sound judgment
Follow governing documents and applicable law
Personal preference, pressure from neighbors, or “we’ve always done it this way” are not legal standards.
Massachusetts courts apply the business judgment rule, which generally protects board members when decisions are:
Made in good faith
Within authority
Based on reasonable investigation
But protection only exists when you act responsibly and within the scope of your authority.
- The Governing Documents Matter — A Lot
Chapter 183A sets the legal framework, but your condominium’s:
Master Deed
Declaration of Trust
Bylaws
Rules & Regulations
…control the day-to-day governance of your community.
If a board decision contradicts the governing documents, it can be challenged — even if the majority of owners agree with it.
Pro tip: Before making significant decisions (special assessments, rule changes, use restrictions), review the documents carefully and consult counsel if needed.
- Assessments Are a Legal Obligation
Under Chapter 183A, unit owners are legally obligated to pay common expenses.
The board has the authority — and responsibility — to:
Adopt annual budgets
Levy common charges
Impose special assessments when necessary
Pursue collection for delinquent accounts
Failing to enforce collections consistently can expose the board to claims of selective enforcement or breach of fiduciary duty.
Yes, it’s uncomfortable. No, you cannot simply “let it slide.”
- Reserve Funds Are Not Optional
Massachusetts law requires associations to maintain common areas and shared components.
If your roof, siding, paving, or mechanical systems fail — the board is responsible.
Strong reserve planning protects:
Property values
Owners from sudden large special assessments
The association from financial instability
Underfunded reserves are one of the biggest long-term risks we see in Massachusetts communities.
Responsible boards plan ahead — not just for this year, but for the next 10–20.
- Transparency Isn’t Just Good Practice — It’s Protection
Chapter 183A requires associations to maintain and make available certain financial records.
Board members should:
Approve and review financial reports regularly
Ensure meeting minutes are documented
Communicate major decisions clearly to owners
Keep clean records
Opacity creates distrust. Documentation creates protection.
If it isn’t documented, it didn’t happen.
- Vendor Contracts Must Be Managed Properly
Boards often underestimate how critical vendor contracts are.
Snow removal, landscaping, insurance, property management — these contracts carry real financial and legal implications.
Boards should:
Review scope of work carefully
Understand termination provisions
Confirm insurance coverage
Avoid handshake agreements
Massachusetts condo associations cannot operate casually. Contracts should reflect professional governance.
- Enforcement Must Be Consistent
Rules that are enforced selectively are rules that will not survive challenge.
If your governing documents prohibit short-term rentals, pet violations, architectural changes, or nuisance activity — enforcement must be:
Documented
Consistent
Within the process outlined in the bylaws
Selective enforcement is one of the fastest ways to invite legal disputes.
- You Can Be Personally Liable (If You Act Outside Authority)
Most trustees are protected by indemnification provisions and Directors & Officers (D&O) insurance.
However, protection can erode if a board member:
Acts outside authority
Commits fraud
Engages in self-dealing
Ignores governing documents
Serving on a board is not inherently risky — but ignoring your responsibilities is.
- Property Management Is a Fiduciary Relationship
A professional management company acts as an agent of the association — not as a decision-maker.
The board sets policy. Management executes it.
Strong boards understand:
Their authority
Management’s role
When legal counsel should be involved
When those roles are clear, communities operate smoothly.
When they’re blurred, conflict follows.
Final Thoughts: Leadership, Not Just Logistics
Massachusetts condo boards are stewards of multi-million-dollar assets.
This is governance — not just neighbor coordination.
The most successful boards we work with:
Educate themselves
Rely on professional guidance
Think long-term
Communicate clearly
Make decisions based on data, not emotion
Condo law isn’t about control. It’s about protecting the collective investment of every owner.
And when boards lead with clarity, integrity, and structure — communities thrive.
If your board is working through this right now, these may help:
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