H 2116 Massachusetts House · 193rd Legislature (2023-2024)

An Act relative to the maintenance of private roads, beaches and amenities in municipalities

This bill amends Massachusetts law to clarify how private roads, beaches, and recreational facilities within subdivisions are maintained. It explicitly defines these shared areas as "common amenities" and establishes that the obligation to maintain them creates a legal interest known as an equitable servitude. Under the new rules, property owners and users must continue to contribute financially to maintenance even if original recorded agreements have expired, provided the roads and amenities remain private. The legislation also ensures that the specific process for collecting funds and managing maintenance follows the rules set in the original subdivision documents unless those rules are changed by a majority vote of the owners.
Bill status passed 3 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Feb 2023
Senate Passage
Feb 2023
Governor
Introduced Feb 16, 2023 Last action May 16, 2024
Floor votes

How they voted

This bill passed the Senate. No roll call record of that vote is available.
Full legislative history

Actions timeline

Total actions
4
Key actions
1
Committee
1
Feb 16, 2023
Upper · Passed
Senate concurred
upper
Feb 16, 2023
Committee
Referred to the committee on Municipalities and Regional Government
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Dave Vieira
Dave Vieira
RRepublican
MA
3rd Barnstable