Unenforceable HOA Rules in Massachusetts
The short version
- Massachusetts has no native-plant, pollinator, or xeriscape statute, and no general homeowners association act for non-condominium communities.
- M.G.L. c. 184 sect. 27: a restriction imposed after December 31, 1961 becomes unenforceable after 30 years unless an extension or a notice of restriction was recorded before that deadline (malegislature.gov).
- For a common scheme covering four or more parcels, which describes most subdivisions, owners of at least 50 percent of the restricted area may record an extension for further periods of not more than 20 years at a time.
- Each extension buys 20 years, not perpetuity, so a covenant needs re-recording again at each interval to stay alive.
- M.G.L. c. 184 sect. 23 separately limits restrictions unlimited as to time to 30 years, except gifts or devises for public, charitable or religious purposes.
- Practical first step: pull the original restriction date at your county registry of deeds and search for any recorded extension. Whether a specific restriction lapsed is a title question, so confirm with an attorney before relying on it.
- Condominiums are different: M.G.L. c. 183A governs, and the master deed and bylaws control instead.
Quick answer
Massachusetts has no native-plant or landscaping law, and no umbrella statute for non-condominium homeowners associations at all. But it has something no other state in this series does: a statutory expiry date on restrictions. Under M.G.L. c. 184, § 27, a restriction imposed after December 31, 1961 becomes unenforceable after 30 years unless somebody recorded an extension or a notice of restriction before that deadline. If your subdivision is old enough, the turf covenant may simply have run out.
Every other post in this series asks what a rule says and who has to follow what procedure. In Massachusetts the first question is different and much more interesting: is the restriction still alive at all? A great many older Massachusetts subdivisions have covenants nobody has re-recorded, and an expired restriction is not a weak argument, it is no restriction.
This is a plain-English summary, not a fight plan. Checking whether a restriction has lapsed is a title question, and it is the sort of thing worth an hour of a real estate attorney's time before you act on it.
The honest starting point: no landscaping statute, and no HOA act
Texas has Property Code §202.007. Washington protects pollinator habitat by name. Massachusetts has nothing comparable. There is no Massachusetts statute saying an association cannot require turf grass or must accept a native planting.
Massachusetts also has no general planned-community or homeowners association statute. M.G.L. c. 183A (opens in new tab), the Condominium Act, governs condominiums. If you own a single-family home in a subdivision with an association, that chapter almost certainly does not govern you, and your obligations come from the recorded restrictions plus ordinary contract and property law.
That is the same position Missouri homeowners are in. What makes Massachusetts different is what its property law does to old restrictions.
The 30-year rule
M.G.L. c. 184, § 27: restrictions expire unless extended
For restrictions imposed after December 31, 1961, the restriction becomes unenforceable after 30 years unless one of two things happened before that 30 years ran out.
Where the restriction is part of a common scheme applicable to four or more parcels, which describes most subdivisions, owners representing at least 50 percent of the restricted area may record an extension, for further periods of not more than 20 years at a time, recorded before the expiration of the 30 years.
Otherwise a notice of restriction may be recorded before the expiration of the 30 years, which gives a further 20 years. That notice has to be signed by a person then entitled of record to the benefit of the restriction, describe the benefited land, identify the parcel, name the current record owners of that parcel, and specify the original instrument and where it is recorded.
Each extension buys 20 years, not forever. Failure to re-record within that period makes the restriction unenforceable. Read it at the Massachusetts Legislature (opens in new tab).
There is an older companion provision. Section 23 (opens in new tab) provides that conditions or restrictions unlimited as to time, by which the title or use of real property is affected, are limited to 30 years after the date of the deed or other instrument creating them, except for gifts or devises for public, charitable or religious purposes.
What this means in practice
Do the arithmetic before you do anything else
If your subdivision's restrictions were recorded in, say, 1978, the 30 years ran out around 2008. Unless an extension or a notice of restriction was recorded before then, and then re-recorded as each 20-year period ended, the covenant may no longer be enforceable.
This is checkable. The registry of deeds for your county holds the original instrument and any recorded extension or notice. You are looking for the date of the original restriction, and then for any later recording that extended it.
Do not announce that your covenant has expired based on arithmetic alone. Associations in active communities frequently do re-record, exceptions apply, and whether a particular restriction falls under these sections is a title question. Confirm it before you act.
The exceptions that matter
- Restrictions existing before July 16, 1887
- Restrictions in deeds or grants from the commonwealth
- Restrictions benefiting from section 32
- Gifts or devises for public, charitable or religious purposes, which remain unlimited
Where else you have leverage
What the restriction actually says
Even a live restriction has to say what the association claims. Ask for the exact recorded language by instrument and page, not a summary. A clause requiring a lot be kept neat and orderly is not a turf mandate, and in a state with no HOA statute the recorded words carry more weight than usual.
Even-handed enforcement
If your planting is cited while comparable or messier yards are not, photograph them with dates. In a state governed largely by ordinary contract and property principles rather than a detailed statute, a pattern of inconsistent enforcement is a meaningful argument.
Condominium owners: a different route
If you are in a condominium, c. 183A governs and the master deed and bylaws control. The 30-year restriction analysis is generally not your path, and your questions are about the condominium documents and the board's authority under them.
What your association can still require
- Turf grass, or a minimum percentage of lawn, where a live recorded restriction says so plainly
- Pre-approval of landscaping changes where the documents establish a review process
- Maintenance standards covering dead plants, overgrowth, and edging
- Height limits near sidewalks, driveways, and street sight lines
- Rules about raised beds, borders, trellises, and other structures
- Setback and screening requirements
Cost-share can make a submission read as a funded project. See the Massachusetts rebate page for what is currently available.
How to respond when the rules feel unfair
- 1Find the original recording date.Pull the subdivision restrictions at your county registry of deeds and note the date of the instrument that created them. That date starts the 30-year clock under c. 184, § 27.
- 2Search for an extension or notice of restriction.Look for anything recorded before that 30 years ran out, and for later re-recordings at 20-year intervals. Absence of any such recording is the fact that matters.
- 3Take it to an attorney before you rely on it.Whether a specific restriction has lapsed is a title question with exceptions. One consultation is far cheaper than acting on a wrong reading, and a clean answer is worth having in writing.
- 4Submit a tidy plan regardless.Even where a restriction has lapsed, neighbours and boards respond to a design that looks deliberate. A plant list, a layout, and a maintenance schedule keeps the conversation about the garden rather than about the paperwork.
When to involve a lawyer
- You think the restriction may have expired and want a reliable answer before acting
- The association is fining you or threatening a lien
- You cannot tell whether a recorded document is a valid extension
- You are in a condominium and need the c. 183A analysis instead
This is not legal advice.
We are a gardening app, not lawyers. This post summarizes publicly available Massachusetts law as of 2026. Whether a particular restriction has lapsed under M.G.L. c. 184 is a title question with exceptions, and getting it wrong is costly. Massachusetts has no native-plant or landscaping-protection statute. If you are facing fines or legal threats, or you want to rely on the 30-year rule, talk to a Massachusetts real estate attorney.
People also ask
Do HOA restrictions expire in Massachusetts?
They can. Under M.G.L. c. 184, § 27, a restriction imposed after December 31, 1961 becomes unenforceable after 30 years unless an extension or a notice of restriction was recorded before that 30 years ran out. Where the restriction is part of a common scheme applicable to four or more parcels, owners of at least 50 percent of the restricted area may record an extension for further periods of not more than 20 years at a time. Each extension buys 20 years, not perpetuity.
Does Massachusetts have a law protecting native landscaping from HOAs?
No. Massachusetts has no native-plant, pollinator, or xeriscape statute, and nothing comparable to Texas Property Code §202.007 or California Civil Code §4735. It also has no general homeowners association act for non-condominium communities. Your position rests on the recorded restrictions, whether they are still in force, and how evenly they are enforced.
Is there a Massachusetts HOA statute?
Not for standard subdivisions. M.G.L. c. 183A, the Condominium Act, governs condominiums. Non-condominium homeowners associations operate on their recorded restrictions plus ordinary contract and property law, which is why the recorded language and its recording history matter more in Massachusetts than in states with a detailed association statute.
How do I check whether my Massachusetts covenant is still enforceable?
Start at your county registry of deeds. Find the instrument that created the subdivision restrictions and note its date, then search for any extension or notice of restriction recorded before the 30-year mark, and for re-recordings at 20-year intervals after that. Because exceptions apply and this is a title question, confirm the result with a Massachusetts real estate attorney before relying on it.
Can a Massachusetts HOA make me keep a grass lawn?
If a live recorded restriction clearly requires turf grass, then generally yes. Massachusetts has no statute overriding a turf requirement. The distinctive Massachusetts questions are whether the restriction is still enforceable under the 30-year rule and whether the recorded words actually say what the association claims.
Planning a native yard in Massachusetts?
Pollinator Patch helps you build a plant plan that reads as deliberate, with the tidy documentation boards and neighbours respond to. Plant list, layout, and maintenance schedule, all printable.