Massachusetts Bylaws of Homeowners' Association

State:
Multi-State
Control #:
US-1124BG
Format:
Word; 
Rich Text
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Description

The Bylaws of a Homeowners' Association (HOA) sets forth rules and procedures for how the HOA will function. These include details regarding the election of the board of directors, voting procedures, quorum requirements, term limits, and other details of how the HOA will be run. This form is an example of a set of association bylaws to get you oriented with the most basic provisions. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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  • Preview Bylaws of Homeowners' Association
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FAQ

In Massachusetts, homeowners' associations, also called HOAs, are not governed by a particular law in the way that condominium associations are. Generally, condominiums are preferred by developers when trying to create housing arrangements with shared common spaces among different unit dwellers.

Massachusetts HOA Laws and RegulationsHomeowners associations in Massachusetts are not governed or regulated by any act. Chapter 138A of the State Code describes condominium management but those laws do not apply to HOAs.

Inconsistent, Arbitrary, or Capricious Enforcement. Even a validly enacted, substantively sound covenant can be nonetheless unenforceable if the HOA's enforcement is procedurally improper, or is conducted inconsistently or for an inappropriate purpose.

Sure, your HOA is subject to the governing rules enacted by government entities. But the First Amendment, by itself, does not stop your HOA from restricting HOA political signs. A homeowner, as a party to a binding agreement with the HOA, also agrees to adhere to the regulations imposed by the association.

The CC&Rs set out the rules of the HOA community. They describe the requirements and limitations of what you can do with your property. The goal of the CC&Rs is to protect, preserve, and enhance property values in the community. The bylaws, on the other hand, govern how the HOA operates.

Here are six ways to effectively fight with your homeowners, co-op or condo association:Know the rules. You should have read all the government documents, including the rules and regulations, before you closed on your purchase.Respond in writing.Don't argue the rule.Know the penalties.

Maintaining Common Areas: The HOA assumes responsibility for common areas whether green spaces, amenities, or community buildings. They repair any damages, replace or upgrade systems, and ensure proper aesthetics and safety.

California now leads the nation with 49,200 associations, followed by Florida, with 48,500; Texas, with 21,000; Illinois, with 18,800; North Carolina, with 14,100; and New York, with 14,000, the report says.

The organization reports that Massachusetts has 11,800 associations. These associations include homeowners' associations, condominiums and housing cooperatives.

State oversight of homeowner associations is minimal, and it varies from state to state. Some states, such as Florida and California, have a large body of HOA law. Other states, such as Massachusetts, have virtually no HOA law.

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Massachusetts Bylaws of Homeowners' Association