Kingston, MA asked in Real Estate Law for Massachusetts

Q: Can a sub-hoa be formed after a Master HOA has solely been in effect for many years?

Our neighborhood has condos, townhomes, and single family homes all governed by a Master HOA. The condos also have a sub-hoa as governing their properties. Can a street with 6-7 single family homes on it create their own sub-hoa to manage the common cul-de-sac's rules, regulations and landscaping in the middle of their properties as the condos sub-hoa does?

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1 Lawyer Answer
Christopher Tolley
Christopher Tolley
  • Boston, MA
  • Licensed in Massachusetts

A: You have to consult the condominium documents and any amendments as to the procedure for amending the condominium documents. Amendments may require the assent of a certain percentage of unit owners and their mortgagees. If you have a combination of types of units and at least one sub-hoa my guess is the condominium documents governing your development are not straightforward. I suggest you retain the services of an attorney to explore doing what you describe.

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