A Guide to Deed Restrictions in Massachusetts

What is a deed restriction?

Deed restrictions are special conditions placed on a property that limit certain aspects of use, appearance, and/or resale. They are also called “deed riders” or “restrictive covenants”.

What is a deed restricted community?

A deed-restricted community is a neighborhood where all properties must maintain the provisions defined by a homeowners association (HOA) for the purpose of keeping property values high and upholding community preferences. Most often this means limitations on things like exterior paint color, size and type of structures such as sheds, and parking rules, among others. It also means any major changes to the property such as construction or tree removal must be approved by the HOA. Senior Living Communities, for example, are deed restricted communities because they require all homeowners to be age 55+. Some deed restricted communities may have shared amenities and services such as a pool or trash removal. 

What are common deed restrictions in Massachusetts?

Some common Massachusetts deed restrictions include limits on:

• Bedroom count

• Commercial use

• Exterior Paint

• Pets

• Refinancing

• Renting

• Sale

How do deed restrictions impact affordable housing communities?

In an effort to prioritize affordable housing, Massachusetts often uses deed restrictions in new housing developments to limit price and use. For example, some affordable housing communities must be owner-occupied for a certain amount of time. Another example is that sale prices are predetermined by deed provisions, the goal being to avoid drastic price hikes.