Agawam, MA asked in Real Estate Law and Land Use & Zoning for Massachusetts

Q: Can HOA covenant be forced on abutting parcel that is NOT part of the deeded covenants to the subdivision boundaries?

An abutter (private parcel, NOT part of the HOA/subdivision) wants to develop their adjacent lot for a single family home in Massachusetts. Certain people have suggested that this parcel may be forced to become subject to the HOA covenants, even though those covenants, maps and recorded deeds EXCLUDE this parcel. The HOA/subdivision is on an accepted town road, and this parcel's access would be from that accepted town road. I think the HOA would have had to purchase the parcel themselves and legally expanded their HOA boundaries with a deeded document in order to force the landowner to be subject to their covenants. Is that correct?

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

A: Based on your explanation of the situation, if the HOA documents do not describe the abutting property as part of the HOA, it is not subject to the HOA covenants. I cannot think of circumstances under which abutting property could be 'forced' to become part of the HOA unless there is something in the HOA covenants and/or the title to the abutting property permitting this, but there may be other relevant facts you have not related.

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