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S 985

Exempts the purchase of certain oral hygiene products from the payment of sales tax

2025 Regular Session Introduced by Samra Brouk

Purchasers of affordable 40B condo units must pay full common expenses, with a new state reimbursement program to cover those costs, while other owners cannot subsidize them.

PRINT NUMBER 985A
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WeVote Research Nonpartisan
Bill Summary · S 985

Summary — S.985 (Print No. 985A) — "An Act relative to 40B condominium units"

Purpose

This bill amends Massachusetts condominium law to (1) require purchasers of condominium units designated as affordable under Chapter 40B to pay their full share of common expenses stated in the master deed, and (2) direct the Executive Office of Housing and Livable Communities to create a program to reimburse those purchasers for common expenses. It also prohibits other condominium unit owners from being required to subsidize the common expenses of Chapter 40B affordable units.

Key provisions

  • Amends Section 7 of Chapter 183A of the General Laws to add a new paragraph with three main elements:
    • Responsibility: Purchasers of condominium units classified as affordable under Chapter 40B "shall be responsible for paying in full any common expenses as stated in the master deed."
    • Reimbursement program: The Executive Office of Housing and Livable Communities shall develop a program to provide common-expense reimbursements to those purchasers of Chapter 40B affordable units.
    • Anti-subsidization: No unit owner in a condominium complex shall be required to subsidize the common expenses of any Chapter 40B affordable unit.
  • The statutory change applies “notwithstanding any general or special law to the contrary,” making these terms controlling over conflicting provisions.

Who is affected

  • Purchasers of condominium units that are classified as affordable under Chapter 40B — they become formally liable for paying full common charges but may be eligible for the new reimbursement program.
  • Other condominium unit owners and condominium associations — they are protected from being required to subsidize the common expenses of affordable units.
  • Executive Office of Housing and Livable Communities — tasked with designing and administering the reimbursement program.
  • Local housing authorities/municipalities and developers of Chapter 40B projects may be indirectly affected by changes in buyer obligations and program administration.

Potential impacts and considerations

  • Financial burden shifts to purchasers of affordable units in the short term; the effect depends on the reimbursement program’s scope, eligibility rules, funding source, and timeliness.
  • Condominium associations may see reduced disputes over cross-subsidization, but could face collection/enforcement actions against affordable-unit purchasers who cannot immediately pay common charges.
  • The bill creates administrative and potential fiscal responsibilities for the Executive Office of Housing and Livable Communities; funding and operational details are unspecified in the text and would determine net fiscal impact.
  • Clarification will be needed on program design (means-testing, reimbursement timing, funding source, appeals, and enforcement procedures).

Procedural status & timeline (selected)

  • Filed/introduced (Mass. Senate docket): 01/14/2025 (Senate No. 985). Presented by Senator Ryan C. Fattman.
  • Legislative actions include referral to the Committee on Housing (02/27/2025), hearings scheduled for 06/04/2025, and amendment and recommitment to the Joint Committee on Budget and Revenue with Print Number 985A issued (06/06/2025).
  • House concurrence and other docket activity are noted in the record; Print No. 985A is the current legislative print.

Notes on source material

The materials provided include the full proposed statutory language above and legislative-docket actions. There are inconsistencies in the package supplied (e.g., an unrelated short title and sponsor listings that appear to reference other jurisdictions or federal measures). This summary is based on the Massachusetts bill text that amends Chapter 183A as shown.

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

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