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SENATE DOCKET, NO. 41 FILED ON: 1/6/2025
SENATE . . . . . . . . . . . . . . No. 980
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Lydia Edwards
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the condominium owners’ rights.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Lydia EdwardsThird SuffolkRobyn K. KennedyFirst Worcester3/5/2025 1 of 8
SENATE DOCKET, NO. 41 FILED ON: 1/6/2025
SENATE . . . . . . . . . . . . . . No. 980
By Ms. Edwards, a petition (accompanied by bill, Senate, No. 980) of Lydia Edwards and Robyn
K. Kennedy for legislation relative to the Condominium Owners’ Rights Act (CORA). Housing.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2498 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to the condominium owners’ rights.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 183A Section 1 of the General laws is hereby amended by adding the following:-
2 “Governing body,” trustees, officers or directors responsible for the administration and
3operation of the organization of unit owners of a condominium organized under Chapter 183A,
4as defined in the by-laws of said condominium.
5 “Remote meeting,” any meeting where unit owners or members of a governing board
6attend by telephone, video conference call or by interactive electronic communications,
7including over the internet.
8 Section 2. Chapter 183A Section 10(c)(4) of the General laws is hereby amended by
9adding the following subsection(vi):- 2 of 8
10 Governing bodies of self-managed unit owner organizations of 50 or fewer units shall
11make these records available within ten(10) business days. Unit owner organizations with
12appointed managing agents shall produce such records within five(5) business days. Electronic
13conveyance of documents to the owner is preferred and shall be at no cost to the unit owner. A
14governing board or managing agent may comply with this requirement by posting the requested
15records to a secure web site using Hyper Text Transfer Protocol Secure (HTTPS), or stronger,
16for secure transmission of documents. Unless an extension is agreed upon in writing, failure to
17timely produce requested documents shall be deemed a violation of this chapter and result in a
18$100.00 fine. Said fine shall be payable by an appointed managing agent from its own funds or,
19if a self-managed trust or association, from common funds, to the requesting unit owner. Each
20day after day five (5) or day ten(10), whichever applies, shall be considered a separate violation,
21enforceable by any unit owner in small claims court.
22 Section 3. Chapter 183A Section 10(c)(4) of the General Laws is hereby amended by
23adding the following subsection(vii):-
24 All Other Records: Documents and records available to unit owners shall include all
25books, records and reports, including but not limited to architectural and engineering reports and
26studies. Legal opinion letters or memoranda commissioned by the board, personnel discipline
27records or records regarding contract negotiations or litigation strategy are excluded from release
28pursuant to §10(c)(4). When the purpose for withholding these records has been served, such as
29upon completion of litigation, execution of a contract or issuance of new policy, those records
30shall be available to owners pursuant to the same time and condominium size standards in §
3110(c)(4)(vi) unless the attorney-client privilege still applies as the sole reason for withholding
32these records. 3 of 8
33 Section 4. Subsection (i) of section 10 of Chapter 183A of the General Laws is hereby
34amended by adding the following at the end of the first sentence:- Total contributions to a
35replacement reserve fund shall be the higher of ten (10) percent or the current HUD guidance as
36published by the Attorney General’s Ombudsman semi-annually of a condominium’s annual
37operating budget and collected as part of a condominium’s regular common expense assessment,
38however timed. All condominium governing bodies shall prepare or have prepared in writing a
39preventive maintenance program for its facility. Such plan shall be updated at least every two
40years and distributed to all unit owners. Governing bodies of condominium associations or trusts
41with 50 or more units shall have a capital reserve fund study prepared by a registered engineer or
42registered architect at least once every ten years. The reserve study shall be based on current
43replacement cost and be updated every two years by a registered engineer or architect for
44accuracy and market adjustments. The reserve fund study shall include a safety inspection and
45ASHRE Level 2 Audit to include electrical usage.
46 Section 5. Subsection (f)(2) of section 10 of Chapter 183A of the General Laws is hereby
47amended by adding the following at the end of the first sentence:- including, but not limited to,
48accounting for special fee or assessment funds by project.
49 Section 6. Chapter 183A of the General Laws is hereby amended by adding the following
50Section 10A:-
51 (a) A condominium organized under chapter 183A of the General Laws must have in its
52by-laws an internal dispute resolution procedure to address disputes between a governing body
53and a unit owner or owners arising from the administration or operation of the condominium,
54including, but not limited to, interpretation of the condominium master deed, by laws and any 4 of 8
55rules or regulations. This internal dispute resolution procedure shall take place in a neutral,
56unbiased forum using neutral, unbiased individuals. Unit owners’ complaints to the governing
57body must be in writing and governing body decisions must be rendered in writing within seven
58(7) from the date of the complaint.
59 (b) All governing bodies of self-managed condominiums with fewer than 50 units must
60hold regular meetings at least quarterly. Governing bodies of unit owner organizations with 50 or
61more units and those with appointed managers must hold meetings at least monthly. Such
62meetings must have a standing agenda item for unit owners to raise issues related to
63condominium management and administration. Unit owners must be given a reasonable
64opportunity at any meeting to comment regarding any matter affecting the common interest or
65the association.
66 (c) All regularly scheduled meetings shall be open to all unit owners for the entirety of
67the meeting, except for executive sessions. The Board or its committees may hold an executive
68session only during a regular or special meeting of the board or committee. No final vote or
69action may be taken during an executive session. An executive session may be held only to:
70 (A) consult with the association’s attorney concerning legal matters;
71 (B) discuss existing or potential litigation or mediation, arbitration, or administrative
72proceedings;
73 ( C ) discuss labor or personnel matters; 5 of 8
74 (D) discuss contracts, leases and other commercial transactions to purchase or provide
75goods and services currently being negotiated, including the review of bids or proposals, if
76premature general knowledge of those matters would place the association at a disadvantage.
77 ( E ) prevent public knowledge of a discussion about an individual unit owner’s finances
78unless the owner is in arrears for longer than 60 days.
79 (d)Governing bodies shall create and maintain accurate minutes of all meetings,
80including executive sessions, setting forth the date, time and place, members present or absent, a
81summary of the discussions on each subject, a list of documents and other exhibits used at the
82meeting, the decisions made and the action taken at each meeting, including the record of all
83votes. The Board shall make them available to all unit owners subject to the same time and
84condominium size standards as in c. 183A §10(c)(4) (vi). After notifying the chair or president,
85any person may make a video or audio recording of an open session of a meeting or may transmit
86the meeting through any medium, subject to the reasonable requirements of the chair or president
87as to the number, placement and operation of equipment used so as to not interfere with the
88conduct of the meeting. At the beginning of the meeting, the chair or president shall inform other
89attendees of any recordings.
90 (e) Governing bodies or their managing agent shall maintain an up-to-date list of all unit
91owners eligible to vote that unit’s beneficial interest in any election. That list shall include, but
92not be limited to, the owner’s full name, unit designation, telephone number and email address.
93The Board or its agent shall make this list available to other unit owners upon written request,
94subject to the same time and condominium size standards in c. 183A §10(c)4)(vi). 6 of 8
95 Section 7. Chapter 12 of the general laws is hereby amended by inserting at the end
96thereof the following new section 36:--
97 (a) There shall be an Office of the Condominium Ombudsman within the Office of the
98Attorney General.
99 (b) The Attorney General shall establish a statewide condominium ombudsman program
100for the purpose of receiving, investigating and resolving, through administrative action,
101complaints received from a condominium unit owner or owners about condominium governing
102boards and the administration and operations of a condominium organized under Chapter 183A
103of the general laws. The Attorney General shall appoint an ombudsman to act as the director of
104the program who shall be a person qualified by training and experience to perform the duties of
105the office. The ombudsman shall publish the Office’s procedures for filing, hearing and settling
106disputes.
107 (c) Annually, the ombudsman shall prepare and file a report on its activities to the
108Attorney General, the house and senate clerks’ offices, the senate and house committees on ways
109and means and the joint housing committee, Inspector General and any other relevant agency, on
110any matter or subject within the jurisdiction of the Ombudsman’s office. At a minimum, such
111report shall include, but not be limited to, the number of complaints filed, the types of
112complaints, their origin, how many were resolved without further action, and the resolution
113reached, if any. When making recommendations to the legislature, the Ombudsman shall include
114drafts of legislation, if required.
115 (d) The Ombudsman shall develop educational materials to assist unit owners, unit owner
116organization boards of trustees or directors, appointed managing agents and others its deems 7 of 8
117appropriate to understand their rights and responsibilities as set forth in this chapter and the
118condominium documents governing their respective association or trust.
119 (e) Notwithstanding any general or special law to the contrary, the Office of
120Condominium Ombudsman shall establish a Condominium Mediation Program with the goal of
121resolving disputes between and among unit owner organization trustees or directors, unit owners
122and appointed managers, including, but not limited to, interpretation of condominium
123documents. The mediators shall issue non-binding decisions in writing subject to appeal. Any
124owner or group of owners that files a complaint with the ombudsman and complies with the
125condominium’s internal dispute resolution program as required by §10A of this act, shall be
126deemed to have complied with Rule 23.1 of the Massachusetts Rules of Civil Procedure for
127purposes of any further judicial proceedings.
128 Section 8. Chapter 183A of the General laws is hereby amended by adding the following
129section:-
130 Section 24. (a) Any regularly scheduled or special meeting of said governing body shall
131permit the option for participants to attend remotely by electronic methods. Presence by such
132electronic means shall constitute presence for purposes of any quorum requirements. The
133governing body may vote on any action properly before it and approve minutes of any meeting
134through use of electronic means as approved by the governing body, including, but not limited
135to, email, video conferencing or electronic files in a format of the governing body’s choosing
136transmitted over the internet.
137 (b) Any annual or special meeting of unit owners shall permit the option for eligible
138participants to attend remotely by electronic methods. In the event that the governing body 8 of 8
139determines to hold any such unit owner meeting remotely, the governing body shall notify all
140unit owners of that decision in the notice of such meeting and provide access information to all
141unit owners for their participation in such meeting. Remote participation by a unit owner shall
142constitute presence at the meeting for purposes of any quorum requirements. Unit owners
143attending remotely shall have access to the agenda, minutes, if any, and all relevant documents in
144advance of the meeting and the ability to pose questions and make comments.
145 (c) The governing body of the organization of unit owners may permit the unit owners to
146vote on any matters properly before such unit owners by electronic means, provided that unit
147owners constituting a quorum participate in such vote. The governing body may, from time to
148time, and in compliance with the governing documents of the organization of unit owners,
149promulgate and amend policies related to the use and implementation of electronic meetings and
150voting. However, all such meetings and votes conducted electronically in paragraphs (a) and (b)
151and this paragraph (c) shall use commercially available or open source meeting software, such as
152Zoom, Webex or similar programs, with security protocols meeting the Advanced Encryption
153Standard (AES) specification as promulgated by the National Institute of Standards and
154Technology (NIST) for end-to-end encryption and at least two-factor authentication protocols for
155unit owner identity verification and identity authentication. Internet communication protocols
156shall be at the level of Hyper Text Transfer Protocol Secure (HTTPS) or stronger. In the event
157the master deed, declaration of trust or by laws of the condominium require the signature or
158written consent of the unit owners for a certain matter, unit owners shall be entitled to submit
159their electronic signatures or written consents using the electronic means determined by the
160governing body which, at a minimum, meets the standards set forth in the Uniform Electronic
161Transactions Act (UETA) as codified in Chapter 110G of the Massachusetts General Laws.