Bill
S 2644
Extends condo and HOA residents' access to energy-saving exterior windows by limiting association bans, requiring architect certification, and providing legal remedies.
Note on source materials
- The bill metadata provided contains conflicting items (an initial title about retrospective denial of payment for substance use disorder treatment and sponsors that appear unrelated). The bill text and docket filed 9/3/2025 consistently show S.2644 as a Massachusetts measure titled “An Act to promote energy conservation in residential buildings” authored by Senator Paul W. Mark. This summary follows the bill text.
Purpose
- To make it easier for condominium unit owners and homeowners in planned developments to install new exterior windows intended to improve energy performance (natural light, ventilation, passive solar gain) by limiting associations’ ability to prohibit or unreasonably restrict such installations.
Key provisions
- Adds a new Section 12A to Chapter 183A (condominiums) and creates a new Chapter 183D (homeowners’ associations) addressing “energy‑conserving windows.”
- Owner request requirements:
- Owner must submit a written request certifying the window is intended to improve energy efficiency (natural light, ventilation, passive solar heating).
- Owner must provide a written certification from a registered/licensed architect in Massachusetts that the proposed installation is structurally sound and architecturally compatible (for condos, compatibility with the existing building; for HOAs, compatibility with proximate surrounding residences).
- Association response timeline and standards:
- Associations must respond within 45 days.
- Associations may not “unreasonably” withhold or condition approval.
- Any denial must be in writing and state specific reasons showing the installation would pose a material threat to health, safety, structural integrity, or architectural harmony.
- Superseding restrictive rules:
- Any master deed, recorded covenants, bylaws, rules, or regulations that purport to prohibit or unreasonably restrict such installations are declared void and unenforceable as contrary to Commonwealth public policy.
- Associations may adopt reasonable uniform guidelines consistent with the statute, provided they do not undermine owners’ rights.
- Enforcement and remedies:
- An aggrieved owner may seek relief in Superior Court or Housing Court.
- Courts may award declaratory and injunctive relief and, for a prevailing owner, reasonable attorney’s fees.
Who is affected
- Condominium unit owners (Chapter 183A developments).
- Homeowners in developments governed by recorded covenants/restrictions and homeowners’ associations (new Chapter 183D). Cooperatives are explicitly excluded from the HOA definition for this chapter.
- Condominium associations, homeowners’ associations, and their boards/management.
- Licensed architects (required to certify proposals).
Procedural status & timeline (from provided record)
- Docket filed: 9/3/2025.
- Introduced: 8/1/2025 (records show multiple referrals — Housing, Energy & Natural Resources, Rules, Insurance). A written‑testimony hearing was scheduled for 11/10/2025.
- Effective date in bill: takes effect 90 days after enactment.
- Note: the legislative action history supplied contains inconsistent and duplicated entries (some predating the filing). Verify current status with the official Massachusetts legislative website for the latest actions.
Potential impacts and considerations
- Likely to increase opportunities for energy-retrofit window installations, leading to potential energy savings, improved natural lighting and ventilation for residents.
- Limits associations’ aesthetic/architectural control—may raise disputes over compatibility/aesthetics; statute attempts to balance this by requiring architect certification and allowing associations to adopt reasonable guidelines.
- May increase legal disputes if associations deny requests; successful owners can recover attorneys’ fees.
- Owners bear costs of architectural certification and installation; associations may need to revise covenants/bylaws and adopt uniform guidelines to comply.
For authoritative details, consult the bill text (S.2644) and the Massachusetts Legislature’s docket for the latest status and any amendments.
Compiled from official sources — confirm details with the bill’s official record.
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