Why This Comes First
Town rules and taxes get the attention, but for condo owners the association is often the first and final word. Massachusetts says so outright: Chapter 64G, section 15 provides that nothing in the short-term rental law gives anyone a right to offer a unit as a short-term rental where a homeowners association agreement, rental agreement, covenant or other enforceable restriction prohibits it. Lake associations, ski-area condos and newer subdivisions with covenants all deserve the same caution in New Hampshire and Vermont.
The Documents, and What Each One Can Do
| Document | Also called | Typically contains | How it changes |
|---|---|---|---|
| Declaration | Master deed (MA) | Unit boundaries, common areas, the purposes units may be used for, use restrictions, how it can be amended | Owner vote at the percentage the statute or document sets, then recorded |
| Bylaws | Bylaws of the trust or association | How the board works, budgets, and in MA, use restrictions not in the master deed | As the bylaws themselves provide |
| Rules and regulations | House rules, policies | Parking, trash, noise, pools, pets, check-in procedures | Often by board vote |
| Covenants (non-condo HOAs) | Declaration of covenants, deed restrictions | Single-family use, leasing limits, architectural rules | As the covenant provides |
The statutes reflect this. In Massachusetts, Chapter 183A, section 8 says the master deed must include a statement of the purposes for which the building and each unit are intended and the restrictions, if any, as to their use, and the method by which the master deed may be amended. Section 11 says the bylaws must provide for restrictions on and requirements for the use and maintenance of the units that are not in the master deed, designed to prevent unreasonable interference with other owners' use of their units and the common areas.
What Rental Restrictions Look Like
Read with a highlighter for these words: "lease," "rent," "let," "transient," "hotel," "residential purposes only," "single-family," "occupancy," "minimum term," "guests" and "registration." Common forms:
- Minimum lease terms. For example, no rental shorter than 30 days, 6 months or a year. A minimum term above one night is a short-term rental ban in effect, whatever it is called.
- Rental caps. Only a set number or percentage of units may be rented at once, often with a waiting list.
- Owner-occupancy periods. New owners must live in the unit for a period before renting.
- "Residential use only" language. Some associations read this to exclude transient rentals. Whether a court would agree depends on the wording and the state; this is a question for a local attorney, not a guess.
- Registration and fees. Notice to the manager before each stay, guest lists, a per-rental fee, or proof of insurance.
- Operating rules. Parking limits (a big issue for ski condos in snow season), pool and beach access, quiet hours, trash days, boat slip use and a ban on smoking or grills on decks.
How Hard Is It for the Association to Change the Rules?
This depends on the state and on your documents. What the statutes actually say:
New Hampshire (RSA 356-B, Condominium Act)
RSA 356-B:34 says that once there is any unit owner other than the developer, the condominium instruments may be amended only by agreement of owners of units holding two-thirds of the votes in the association, or a larger majority if the instruments require it, except where the chapter provides a different method. The amendment takes effect only when evidenced of record.
Massachusetts (Chapter 183A)
Chapter 183A, section 8 requires the master deed itself to state how it may be amended, so the vote needed is in your master deed. Read it, and read the trust or bylaws for their own amendment clause.
Vermont (Title 27A, Common Interest Ownership Act)
27A V.S.A. section 2-117(a) says the declaration may be amended only by vote or agreement of owners of units holding at least 67 percent of the association's votes, unless the declaration sets a different percentage for all amendments or for particular subjects. Section 2-117(d) adds that, except as the title otherwise permits, no amendment may change "the uses to which any unit is restricted" without the unanimous consent of the unit owners. How that subsection applies to a particular rental restriction is a question for a Vermont attorney who can read your declaration. Section 2-117(b) also limits challenges: no action to challenge the validity of an amendment adopted by the association may be brought more than one year after it is recorded.
Practical takeaway. An association that allows short-term rentals today can vote to change the rules later. If you are buying a condo to rent, check whether an amendment is being discussed, and price in the risk.
What to Ask the Association
Send these by email so you have the answers in writing:
- Do the declaration, bylaws or rules restrict leasing or rentals under a certain length? Please cite the section.
- Is there a rental cap, waiting list or owner-occupancy requirement?
- Are there registration steps, fees or guest-notice rules for each stay?
- What are the parking rules, including in winter and during plowing?
- Are there limits on guest use of amenities (pool, beach, docks, fitness room)?
- Is any amendment about rentals proposed, or on the agenda for the next annual meeting?
- Does the master insurance policy have any requirements for units rented short-term?
- Have there been complaints or fines about rentals in the past year?
Ask for the current recorded documents and any amendments, not a summary. If you are buying, have your attorney review them before closing.
Single-Family Homes in a Subdivision
If your home is not a condo but sits in a subdivision or lake community, check the deed and any recorded declaration of covenants at the registry of deeds. Some include "single-family residential use" or leasing restrictions. Road associations may also have rules on plowing, parking or shared beach access that affect guests.
Insurance and the Association
The master policy usually covers common elements; your unit policy covers the inside of the unit and your liability. Short-term rental use can change what either one covers. Massachusetts law lets homeowners insurers exclude short-term rental claims, and requires operators to notify their homeowners insurer of the plan to rent. See insurance and safety.
Where the Town Rules Fit
Even with association approval, the town still decides whether the use is allowed, and the state tax registration still applies. Start with the permits and licenses overview, then the state pages: New Hampshire, Massachusetts and Vermont.
Where New England Host Co Fits
New England Host Co manages homes that include a townhome in Nashua, and it makes decisions property by property. Association rules are part of that picture. To talk through a specific unit, use the contact page, or read more in the owner hub.
FAQ
Can My Condo Association Ban Airbnb?
It can if its recorded documents restrict rentals, and in Massachusetts the short-term rental law says it gives no right to rent where an association restriction prohibits it. Read your declaration, bylaws and rules, and ask the association to confirm in writing.
How Many Owners Does It Take to Change the Condo Rules?
For the declaration, New Hampshire's default is two-thirds of the votes (RSA 356-B:34) and Vermont's is 67% (27A V.S.A. section 2-117), unless the documents set more. In Massachusetts, the master deed must state its own amendment method.
Is a 30-Day Minimum Lease a Ban on Airbnb?
In effect, for nightly stays, yes. You could still rent for 30 nights or more, for example through Furnished Finder or Airbnb monthly stays, if the documents allow leases of that length.
What If the Rules Change After I Buy?
An amendment adopted by the required vote and recorded can change what is allowed. In Vermont, a challenge to an association amendment must be brought within one year after recording. Talk to a local attorney before relying on current rules.
Do HOAs Outside Condos Have the Same Power?
Restrictions in recorded covenants can be enforceable, but the rules come from the covenant documents rather than the condo statutes. Have an attorney read them.
This page is general information as of October 2026, not legal advice; check with your association and a local attorney before you list.
Sources
- RSA 356-B:34, Amendment of Instruments (NH General Court)
- M.G.L. c. 183A, section 8, Master deed contents (malegislature.gov)
- M.G.L. c. 183A, section 11, By-laws (malegislature.gov)
- 27A V.S.A. section 2-117, Amendment of declaration (Vermont Legislature)
- Chapter 337 of the Acts of 2018, including c. 64G section 15 (malegislature.gov)
