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Community and Homeowners Association Law

Experienced Community and Homeowners Association Law Attorneys Serving Boston

Reliable counsel when forming associations in the Commonwealth

Community and homeowners associations are nonprofit corporations that set standards for property use within a subdivision, thereby helping to maintain quality of life and property values for all members. However, such associations inevitably require homeowners to accept terms that limit their rights to do as they will on their own property. The tension between the benefits of membership and the restrictions on use can cause friction within an association, and even give rise to litigation. At the Law Office of Vesper Gibbs Barnes & Associates, we help homeowners associations set reasonable expectations, comply with applicable laws, and maintain sound governance. Our trustworthy guidance helps associations avoid legal disputes that can erode trust in the association and cause financial hardship.

Forming your community or homeowners association in Massachusetts

Community and homeowners associations fill a vital role in providing services and promoting safety within their community. Forming an association is similar to forming other types of nonprofit corporations or even a condominium arrangement. The documents filed with the Secretary of the Commonwealth of Massachusetts include:

  • Articles of incorporation — This document must conform to state requirements for forming a nonprofit corporation. It includes the name of the association, a statement of purpose and the date at which the association will go into effect.
  • Bylaws — The bylaws provide a framework for association governance. Generally, an association has a process for electing a Board of Directors with certain delineated powers.
  • Covenants, conditions, and restrictions — The association places restrictions on the individual deeds with regards to the maintenance and appearance of property, as well as future improvements that are allowable. The conditions also explain the required fees and that membership is mandatory when an owner purchases property within the community.
  • Map — The filing must accurately portray the properties to be included in the association.

Our experienced and knowledgeable lawyers draft documents meticulously, in clear terms with contingencies for foreseeable circumstances. Precise terms in unambiguous language put owners on notice immediately, so expectations are set and conflicts can be avoided. However, even the best-prepared agreements cannot eliminate all sources of conflict. Therefore, we remain readily accessible to help your association manage conflicts early to reach resolutions in a timely, cost-effective manner.

 

Contact our real estate attorneys for guidance on homeowners associations in Boston

The Law Office of Vesper Gibbs Barnes & Associates P.C. provides trustworthy guidance for property owners and developers interested in establishing homeowners associations in Boston. Call us today at 617-861-8553 or contact our Roxbury office online. Our firm serves clients throughout Boston, as well as Suffolk and the surrounding counties.

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Our Office
  • Boston Office
    10 Malcolm X Blvd.
    Suite 2-2
    Boston, Massachusetts 02119
    Phone: 617-989-8800
    Fax: 617-989-8846