Massachusetts General Laws

Mass. Gen. Laws ch. 183A, § 13 (2026)

Claims involving common areas and facilities; liability

✓ current as of July 2026

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Section 13. All claims involving the common areas and facilities shall be brought against the organization of unit owners, and all attachments and executions related to such claims shall be made only against common funds or property held by the organization of unit owners and not against the common areas and facilities themselves other than the leasehold of any lease included therein. After such common funds and property have been exhausted, individual unit owners shall be liable for the balance due, if any, provided, however, that the amount for which a unit owner is liable shall be limited to a sum equal to the amount of his percentage interest in the common areas and facilities times the balance due.

Notes of Decisions

Cited in 3 cases, 1990–2011 · leading case: Braunstein v. Dexter (In Re Aguilar), 450 B.R. 258 (1st Cir. BAP 2011).

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Braunstein v. Dexter (In Re Aguilar), 450 B.R. 258 (1st Cir. BAP 2011). “” See Mass. Gen. Laws ch. 183A, § 10(b)(4). And it specifically limits the trustees’ exposure to personal liability.”

Govoni v. Gen. Hosp. Corp., 1990 Mass. App. Div. 33 (Mass. Dist. Ct., App. Div. 1990). · cites it 5× “The sole issue raised by this appeal is whether G. L c. 183A, §13 precludes an action against an individual condominium unit owner, for negligent maintenance of common areas, when the common funds of the organization of unit owners have not been exhausted.”

Smiglis v. Olde Salem Vill. Condo. Trust, 1995 Mass. App. Div. 111 (Mass. Dist. Ct., App. Div. 1995). “G.L.c. 183A, §13. No Massachusetts authority has been called to our attention which defines the nature of a Trust’s duty with respect to common areas.”

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