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Hoa Rules For Renters In Massachusetts
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Legal Framework Governing HOAs in Massachusetts In Massachusetts, homeowners' associations (HOAs) are subject to a robust legal framework. This framework not only aligns with federal regulations but also includes state-specific laws designed to regulate the formation, management, and operation of these associations.
The state ranked seventh nationally for the number of associations by the Foundation for Community Association Research, a nonprofit organization that focuses on community research in the homeowner and inium association industry. The organization reports that Massachusetts has 11,800 associations.
Dissolving an HOA is a complex process that typically requires: A supermajority vote from homeowners. Legal documentation to formally disband the HOA. Settlement of any outstanding debts or obligations. Approval from local or state authorities, depending on the community's location.
A inium association (COA) does have authority to get a court order requiring a unit owner to evict a tenant. Whether or not the COA would be successful under your facts and circumstances is questionable.
In Massachusetts, homeowners' associations, also called HOAs, are not governed by a particular law in the way that inium associations are. Generally, iniums are preferred by developers when trying to create housing arrangements with shared common spaces among different unit dwellers.
In California, Civil Code Section 4740 requires owners to provide an applicant's name and contact details to the board before leasing the property. However, whether an HOA can screen potential tenants further through background checks, credit scores, and rental histories remains silent.
HOA fees generally cover the maintenance of common areas, such as lobbies, patios, landscaping, swimming pools, tennis courts, and community clubhouses. In many cases, the fees also cover utilities like water, sewer services, and garbage disposal.
Moreover, can renters attend HOA meetings? The answer usually depends on the type of meeting being held. It also hinges on state law and the HOA's governing documents. For instance, California's Civil Code Section 4925 states that members can attend any non-executive portion of board meetings.
Code § 4160.) The majority of the rights granted to members under the association's governing documents or the Davis-Stirling Act therefore do not extend to renters, nor may they be validly transferred to renters.
The property owner should always be kept in the know of any violations or changes happening to a property. This does not mean that an HOA should never communicate with a renter. Rather, it means that the property owner should be the first point of contact and also the person to relay the information to the renter.