Massachusetts General Laws

Mass. Gen. Laws ch. 183A, § 18 (2026)

Improvements; costs

✓ current as of July 2026

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Section 18. (a) If fifty per cent or more but less than seventy-five per cent of the unit owners agree to make an improvement to the common areas and facilities, the cost of such improvement shall be borne solely by the owners so agreeing.

(b) Seventy-five per cent or more of the unit owners may agree to make an improvement to the common areas and facilities and assess the cost thereof to all unit owners as a common expense, but if such improvement shall cost in excess of ten per cent of the then value of the condominium, any unit owner not so agreeing may apply to the superior court of the county in which the property is located, on such notice to the organization of unit owners as the court shall direct, for an order directing the purchase of his unit by the organization of unit owners at fair market value thereof as approved by the court. The cost of any such purchase shall be a common expense.

Notes of Decisions

Cited in 7 cases, 1981–2018 · leading case: Barclay v. DeVeau, 429 N.E.2d 323 (Mass. 1981).

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Barclay v. DeVeau, 429 N.E.2d 323 (Mass. 1981). “183A, § 17) and the right to make and the obligation to pay for capital improvements (G. L. c. 183A, § 18), without including proportionate management rights.”

Drummer Boy Homes Ass'n, Inc. v. Britton, 47 N.E.3d 400 (Mass. 2016). “; [and] (3) all future common expenses, and special assessments other than special assessments for improvements made pursuant to [G. L. c. 183A, § 18,] assessed against that unit from the date of said notice until such time as the mortgagee’s mortgage is foreclosed or otherwise…”

Scully v. Tillery, 926 N.E.2d 154 (Mass. 2010). “183A, § 17) and the right to make and the obligation to pay for capital improvements (G. L. c. 183A, § 18), without including proportionate management rights.”

Trs. of the Cambridge Point Condo. Trust v. Cambridge Point, LLC (Mass. 2018). “G. L. c. 183A, § 18 (b). The existence of these provisions in the act suggests that the Legislature did not believe that a condominium trust's power to manage the common areas and facilities is necessarily inconsistent with a requirement of unit owner consent for certain…”

Union v. Bloomberg, 41 N.E.3d 1093 (Mass. App. Ct. 2015). “The trust additionally argues that the trust’s power to bind the unit owners to funding *678 common area improvements is constrained by the requirements of G. L. c. 183A, § 18. Section 18, inserted by St.”

Trs. of Hunters Vill. Condo. Trust v. Gerke, 2007 Mass. App. Div. 23 (Mass. Dist. Ct., App. Div. 2007). “” G.L.c. 183A, §18 (b). While a question remains as to whether G.”

Aufiero v. Kort, 6 Mass. L. Rptr. 441 (Mass. Super. Ct. 1997). “More particularly, Kort claimed, and continues to claim, that inclusion of any expenses relating to the golf course is improper because (1) the golf course, although located within the common areas of the condominium, is a facility (a) not defined in the master deed, (b) not…”

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