WeVote
Log In

Bill

Bill

H 4826

An Act relative to the condominium owners' rights

194th Legislature (2025-2026) Introduced by Lydia Edwards and 1 co-sponsor

Expands unit-owner rights and transparency by mandating timely records, open meetings, remote participation, and an Ombudsman to resolve disputes and oversee governance.

Hearing scheduled for 04/07/2026 from 01:00 PM-05:00 PM in A-2
0
WeVote Research Nonpartisan
Bill Summary · H 4826

Overview

H 4826, “An Act relative to the condominium owners' rights,” proposes a comprehensive set of updates to Chapter 183A of the General Laws (Massachusetts condominium statutes). The bill introduces new definitions, expands access to records, enhances financial and maintenance requirements, establishes dispute resolution and mediation mechanisms, strengthens open meeting rules (including remote participation), and creates an Office of the Condominium Ombudsman within the Attorney General’s Office. It seeks to modernize governance, transparency, and accountability for unit owners and condominium boards, with specific provisions tailored to the size of the condominium and whether it is self-managed or managed by an agent.

Purpose and intent

  • Improve transparency and access to information held by condominium boards.
  • Strengthen unit owner rights in governance, dispute resolution, and participation (including remote access to meetings and voting).
  • Establish formal oversight and support mechanisms through an ombudsman office and mediation program.
  • Modernize financial management and reserve planning (capital and preventive maintenance).
  • Ensure regular, meaningful engagement between unit owners and governing bodies.

Key provisions

Definitions

  • Introduces definitions for “governing body” (trustees/officers/directors) and “remote meeting” (participation via phone, video, or online).

Records access and penalties (new subsection vi)

  • For self-managed organizations with 50 or fewer units: records must be produced within 10 business days.
  • If there is a managing agent: 5 business days.
  • Electronic delivery preferred and at no cost; secure web posting (HTTPS or stronger) acceptable.
  • If records are not produced timely, a $100 daily fine begins (payable by the managing agent or common funds). Each day beyond the deadline counts as a separate violation and may be pursued in small claims court.

Other records (new subsection vii)

  • Broadens access to documents and records (e.g., architectural/engineering reports) but excludes certain attorney-client, personnel discipline, and negotiation/litigation records. Remaining records must be available once withholding purpose ends, subject to existing timing standards and privilege.

Financial and maintenance requirements

  • Revisions to operating budget provisions require that total contributions to replacement reserve fund be the higher of 10% or HUD guidance (as published by the AG Ombudsman semi-annually).
  • Mandates a preventive maintenance program updated at least every two years.
  • Condominiums with 50+ units must have a capital reserve fund study at least every 10 years, updated every two years by a licensed professional, including a safety inspection and ASHRAE/ASHRE-like energy usage assessment.

Internal dispute resolution and governance

  • Creates an internal dispute resolution procedure for disputes between a governing body and unit owners, to be conducted in a neutral forum with written complaints and written Board decisions within seven days.
  • Regular meeting requirements:
    • Self-managed, fewer than 50 units: regular meetings at least quarterly.
    • 50+ units or engaged managers: at least monthly meetings.
    • Regular meetings must have a standing agenda item for unit owners to raise issues.

Meeting openness and minutes

  • Regular meetings (and committees) open to unit owners; executive sessions allowed only for specified purposes (e.g., attorney consultation, litigation, labor, contract negotiations, or protecting sensitive financial information).
  • Minutes must be accurate and available to unit owners; open sessions may be recorded by attendees with notice given at start of the meeting.
  • Requires an up-to-date list of unit owner contact information for voting purposes and to be shared with other owners upon written request.

Office of the Condominium Ombudsman (new Chapter 12, Section 36)

  • Establishes the Office of the Condominium Ombudsman within the Attorney General’s Office.
  • Creates a statewide ombudsman program to receive, investigate, and resolve complaints about condominium governance and operation.
  • Ombudsman responsibilities include procedures for filing/hearing/settling disputes, annual activity reporting, and educational material development.
  • Creates a Condomination Mediation Program with non-binding, written mediator decisions; compliance with internal dispute resolution is recognized in judicial proceedings.

Remote participation and electronic voting (new Section 24)

  • Remote attendance permitted for regularly scheduled or special meetings, counting toward quorum.
  • Unit owner meetings may be conducted remotely with access to agenda, minutes, and documents; participation possible via electronic means.
  • Electronic voting permitted for matters properly before unit owners, provided a quorum participates.
  • Requires use of secure, standards-compliant software (e.g., Zoom/Webex) with AES end-to-end encryption, HTTPS, and at least two-factor authentication; supports electronic signatures consistent with UETA.

Who and what is affected

  • Condominium associations organized under Chapter 183A, including self-managed units and those with appointed managing agents.
  • Governing bodies (trustees/officers/directors) and unit owners, with enhanced transparency and participation rights.
  • Condominiums with 50+ units subject to more stringent reserve studies and monthly meetings; smaller associations also gain disclosure and meeting-access protections.
  • Appointed managing agents and the office of the attorney general, via the new Condominium Ombudsman program.

Procedural and timeline aspects

  • Effective dates are not specified in the text provided; the bill includes phased implementations (e.g., record-request timelines, reserve study schedules, and meeting/notice requirements).
  • New enforcement mechanisms include fines for late records, with duties assigned to managing agents or common funds, and small-claims court enforcement.
  • Creation of the Ombudsman office and mediation program, with annual reporting requirements to the AG and legislative committees.
  • Remote meeting and electronic voting provisions require appropriate technology infrastructure and security standards.

Potential impact

  • Increased transparency and accountability of condominium boards.
  • Expanded access to information for unit owners and enhanced ability to participate in governance.
  • Strengthened financial planning and maintenance through mandatory reserve studies and preventive maintenance programs.
  • Improved dispute resolution and mediation options, potentially reducing litigation.
  • More formalized processes for meetings, recordkeeping, and communications, including remote participation.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.