HOA vs. Condo Association in Massachusetts: What’s the Difference?
Updated October 8, 2026: Clarified ownership and maintenance boundaries, corrected the Massachusetts reserve requirement, and distinguished state law from lender rules. The practical difference is the recorded ownership arrangement. A condominium owner holds a unit and an undivided interest in common areas. A non-condominium homeowners association commonly administers shared property or obligations established by recorded…
Updated October 8, 2026: Clarified ownership and maintenance boundaries, corrected the Massachusetts reserve requirement, and distinguished state law from lender rules.
The practical difference is the recorded ownership arrangement. A condominium owner holds a unit and an undivided interest in common areas. A non-condominium homeowners association commonly administers shared property or obligations established by recorded covenants. The label “HOA” and the appearance of a townhouse or detached home do not determine the legal structure. Check the recorded documents.
Table of Contents
What makes a Massachusetts property a condominium?
M.G.L. c. 183A, section 2 describes submitting property to the Condominium Act by executing and recording a master deed. Under section 5, each unit owner has the common-area interest stated in that deed. A condominium may contain different building forms; physical layout alone is not a reliable test.
Massachusetts condo association vs. HOA: side-by-side
Use this as a map, not an answer. Your recorded documents decide which column applies to you.
| Question | Condominium association | Non-condominium HOA |
|---|---|---|
| What do owners own? | The recorded unit and an undivided common-area interest. | The ownership described in each deed, with any shared-property interests or obligations. |
| What law governs it? | M.G.L. c. 183A, once the property is submitted by a recorded master deed, plus the master deed and bylaws. | The recorded declaration, covenants and bylaws, plus general Massachusetts law. Chapter 183A applies only if the property is also a condominium. |
| Who governs it? | The organization of unit owners, run by a board of managers or trustees as the documents provide (section 10). | A board or similar body under the declaration and bylaws. |
| What is shared? | Common areas and limited common areas as defined in the master deed (section 1), such as roofs, hallways, structure and exclusive-use areas. | Whatever the covenants assign, commonly roads, landscaping, amenities or shared systems. |
| Who repairs an item? | Check its classification and the maintenance allocation in the documents and law. | Check the covenants and responsibility assigned to the owner or association. |
| Who pays, and what if someone doesn’t? | Common expenses are assessed under the documents. Section 6 gives the association a lien for unpaid assessments. Collection rules are technical, so use counsel. | Assessments follow the recorded obligations and authorized procedure. Remedies depend on the documents and law. |
| Reserves? | Section 10(i) requires an adequate replacement reserve fund. No single statewide percentage. | Depends on the documents and the board’s budget policy. |
| Which documents should you read? | Master deed, trust or association documents, bylaws, amendments and rules. | Deed, recorded covenants, association documents, bylaws, amendments and rules. |
| Common difference | Owners can live in attached or detached buildings. Layout alone doesn’t make it a condo. | Owners commonly hold their own lot and home, with the association handling shared items. |
Who is responsible for repairs?
Do not assume everything inside a condo belongs to the owner or every exterior item is the association’s responsibility. Section 1 defines common and limited common areas, subject to master-deed provisions. Windows, decks, pipes and exclusive-use areas need particular attention. Ask counsel to resolve unclear ownership or responsibility; ask the insurer about coverage separately.
Do Massachusetts condos need reserves?
Section 10(i) requires an adequate replacement reserve fund, separate from operating funds. It does not set one statewide percentage. See our condo reserve study guide for how boards plan. Section 10(m) permits specified changes by the stated annual 67% beneficial-interest vote after the declarant’s control ends; have counsel confirm whether that provision applies.
Lender requirements are separate. Fannie Mae Lender Letter LL-2026-03 sets a 15% annual budgeted assessment-income reserve allocation for applicable Full Review loan applications dated on or after January 4, 2027, with a qualifying reserve-study alternative and additional conditions. This is not a blanket Massachusetts HOA law or a guarantee of mortgage eligibility. Ask the lender to assess the project.
What should a board ask a management company?
- Which financial reports and records will the board receive?
- Who authorizes repairs and signs vendor contracts?
- How will reserve planning and owner communication be coordinated?
- What services and extra charges are in the written agreement?
- Which decisions remain with the board, counsel or insurer?
Green Ocean’s condo and HOA management in Boston supports boards with financial reporting and maintenance coordination within an agreed scope. Owners questioning their board can read how to remove a condo trustee in Massachusetts. Review the association-management cost guide and management transition checklist when comparing proposals.
Frequently asked questions
Is a condo association the same as an HOA?
The terms are sometimes used interchangeably, but the recorded legal structure controls. Identify whether the property was submitted to Chapter 183A and read the applicable association documents.
Can a townhouse be a condominium?
Yes. Building form does not decide the ownership arrangement. Check the recorded master deed and unit deed.
Does a condo owner maintain everything inside the unit?
Do not assume so. Review the unit boundaries, common systems and maintenance duties in the master deed, bylaws and applicable law.
Does every association need to budget 15% for reserves?
No single percentage covers every association or loan. Separate the Massachusetts adequate-reserve requirement from the lender’s applicable review requirements.
How can we confirm our association’s responsibilities?
Collect the recorded documents and amendments. Have a Massachusetts association attorney interpret legal duties and an insurer explain coverage. A manager can organize records and coordinate the agreed operational tasks.
Discuss management for your community
Request an association management proposal with the location, unit count and services your board needs, or call 617-487-4868. Read the special-assessment planning guide for project-funding questions.
For local service information, see Cambridge, Brookline, Somerville or Charlestown condo management.
This is general information. Obtain advice about your recorded documents before relying on a particular ownership, voting, repair or collection rule.
Win Back Your HOA With Smarter Property Management
Turn HOA chaos into calm. A skilled property superintendent strengthens maintenance, communication, risk, and reserves to protect property values and homeowner trust.
How to Choose a Condo Management Company in Boston
An honest trustee’s guide to hiring a Boston condo or HOA management company: the 10 questions to ask, how fees really work, and the red flags to avoid.
What Is a Condo Reserve Study — and Does Your MA Association Need One?
What Is a Condo Reserve Study — and Does Your MA Association Need One? A reserve study is a professional assessment of what your association’s shared systems (roof, elevators, boiler, siding, pavement) will cost to repair or replace over the next 20-30 years, and whether your reserve fund is on track to cover it. If…
Experience exceptional management and elevate your property with us
