Can a Boston Condo Association or HOA Approve or Reject Your Tenant?
by Platuni | 06 Oct, 2026 | 5 mins read
Platuni
06 October, 2026
5 mins read
1. A condo board's authority comes from the bylaws, not a statutory approval right
Because a Massachusetts condominium unit is owned as real property, not as shares in a corporation, the legal relationship looks structurally different from a co-op. Chapter 183A gives the organization of unit owners authority over common areas, rule enforcement, and fines, but the statute doesn't grant a general power to approve or reject a specific tenant the way a co-op's proprietary lease structure allows a board to screen and deny an applicant directly. What a board can require instead, and most do, comes from the building's own bylaws: advance notice of a lease, a complete copy of the signed lease, a tenant registration form, an acknowledgment of the rules and regulations, and sometimes an application or processing fee.
2. You can't charge the tenant for their own screening report
Massachusetts law prohibits a landlord from requiring an applicant to pay for a credit check, criminal background check, or any other screening cost. Permitted pre-tenancy charges are limited to first month's rent, last month's rent, a security deposit capped at one month's rent, and the cost of a new lock and key. The screening fee itself has to come out of the landlord's own pocket, and as of 1 August 2025 this prohibition also covers a broker working on the landlord's behalf.
3. Criminal history has a specific process, and the sequence matters
A landlord can factor in criminal history, but Massachusetts requires an individualized assessment rather than an automatic denial based on any conviction. The applicant must sign a CORI acknowledgment form, and the actual criminal record check can only be requested as the final step in the screening process, after everything else about the applicant has already been evaluated. If a landlord intends to deny an application based partly on the criminal record, the applicant is entitled to pre-adverse notice, including the record itself, its source, and a chance to dispute it, before a final decision is made.
4. Voucher holders are a protected class statewide, and that includes condo-building screening
Massachusetts treats Housing Choice Vouchers and other forms of public rental assistance as a protected source of income under the state's anti-discrimination statute. That protection applies regardless of whether the unit sits in a condo or HOA building, and it means a landlord or an association's screening criteria can't be structured to filter out voucher holders, whether through an outright refusal, a "no vouchers" advertisement, or income requirements measured against the full contract rent instead of the tenant's actual out-of-pocket share.
5. A newer wrinkle: sealed eviction records don't have to be disclosed
Massachusetts' Affordable Homes Act, effective 5 May 2025, lets tenants petition to have certain eviction records sealed. Once sealed, those records can't appear on a screening report, and consumer reporting agencies have 30 days to remove them once notified. An applicant with a sealed record is legally permitted to answer "no record" to a direct question about eviction history, and applications are now required to include notice of that right.
6. Condo board registration versus landlord screening, side by side
| Condo board's role | Landlord's screening process | |
|---|---|---|
| Can reject the tenant outright? | Generally no, not by statute | This is where the actual approve/deny decision happens |
| Can require lease copy, registration, rule acknowledgment? | Yes, per the building's bylaws | N/A |
| Can charge the applicant a screening fee? | N/A | No, statewide ban |
| Must sequence CORI request as the final step? | N/A | Yes |
| Can screen out voucher holders? | No | No |
7. What to gather before submitting to the association
Start with the building's actual registration form from the managing agent rather than assuming a generic template applies, since requirements vary by building. Run your own screening process first, in the correct sequence, income and references before any CORI request, and keep the CORI acknowledgment form and pre-adverse notice documentation on file. Once you have a signed lease, submit the complete package, lease copy, registration form, and any required fee, to the association in one submission rather than piecemeal, since an incomplete package is the most common cause of delay.
Substantive review means an editor or reviewer checked this article against the current statute text and the cited third-party guidance. The screening-fee ban, CORI sequencing rules, and eviction sealing provisions are recent or recently amended, verify current enforcement guidance before relying on this for a specific screening decision. This is general information, not legal advice. Corrections: compliance@platuni.com
Frequently asked questions
Can a Boston condo association reject a tenant my landlord has already approved?
Generally no, Massachusetts condo law doesn't give the association a statutory approval or denial power over tenants the way a co-op board has in some other states. The building can still require registration and paperwork, but the actual approve or deny decision sits with the landlord.
Can my landlord charge me for my own background check?
No, Massachusetts law bans landlords, and as of August 2025 their brokers, from charging an applicant for screening or background-check costs. The landlord has to cover that cost themselves.
When can a landlord request my criminal record during the application process?
Only as the final step, after everything else about the application has been reviewed, and only after the applicant has signed a CORI acknowledgment form. A landlord who requests it earlier is out of compliance regardless of what the record shows.
Can a landlord or condo association refuse my Housing Choice Voucher?
No, source of income, including public rental assistance, is a protected category under Massachusetts law statewide. Refusing an applicant, advertising against vouchers, or setting income requirements against the full rent instead of the tenant's actual share are all prohibited.
Do I have to disclose a sealed eviction record?
No, as of May 2025, an applicant with a legally sealed eviction record can answer "no record" to a direct question about eviction history, and that record can't appear on a screening report.
Stay Informed
Subscribe to the Platuni B2B Newsletter to receive industry insights,
new feature announcements, and exclusive growth reports