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SUPERIOR COURT RULES THAT HOMEOWNER'S ASSOCIATION IS NOT TERMINATED BY THE RESTRICTION STATUTE
On March 30, 2011, the Essex Superior Court ruled that the One Salem Street Improvement Association, a homeowners association governing a 45 lot subdivision in Swampscott was not terminated by the Massachusetts Restriction Statute. While homeowners associations (sometimes called HOAs) are not as popular in the Northeast as they are in other regions of the Country, here condominiums seem to be the preferred choice of developers for creating ownership of common land and shared facilities, there are still several HOAs in Massachusetts, Rhode Island and New Hampshire. More often than not the HOA is created to own a single shared facility common to all of the subdivision lot owners such as a water treatment facility, a drainage facility or a roadway. In this case, the HOA owned all of the internal subdivision roads, some recreational areas, a swimming pool and tennis court. Additionally, in this instance, the HOA imposed restrictions (much like a condominium might) relative to landscaping and architectural controls (e.g. colors and shades of paint, building additions, size, etc.). Again, similar to a condominium, the HOA had elected directors, a budget and assessed common charges to pay for maintenance of the shared facilities, insurance, etc.
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