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Buying a condo in Massachusetts.

In Massachusetts, a condominium association can place a lien on a unit for unpaid common charges, and part of that lien can come ahead of even a first mortgage. The 6(d) certificate, named for Section 6(d) of the state's condominium law (Chapter 183A), is how buyers and lenders confirm the seller's account is paid before the deed is recorded.

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What a 6(d) certificate is

A 6(d) certificate is a statement from the condominium association, usually issued by its management company or trustees, that sets out any unpaid common charges on the unit as of its date. It's recorded at the registry of deeds along with the deed.

Why your closing depends on it

Under Section 6(c) of the condominium law, an association's lien for unpaid common charges can take priority over a first mortgage for up to six months of charges, plus certain collection costs. Lenders and title insurers won't close without knowing the account is current, so the certificate is part of every condo closing financed by a mortgage, and your attorney will want it for a cash purchase too.

Who orders it, and when

Management companies usually charge the seller a fee to prepare the certificate and resale documents. Self-managed buildings rely on a trustee, which can take longer: ask who signs it as soon as your offer is accepted.

  • Offer accepted: your agent asks for the condo documents listed in Part 5.
  • Inspection period: read the documents with your attorney while you can still walk away.
  • Purchase and Sale Agreement: your lender orders its condo questionnaire from the management company.
  • A few weeks before closing: the closing attorney requests the 6(d) certificate from the management company. Associations need time to prepare it, so it's ordered early enough to arrive before closing.

What it shows

The certificate is about money owed today. It doesn't tell you about the building's finances, planned projects or rules; the documents below do.

  • The unit and the owner of record
  • The date common charges are paid through
  • Any unpaid charges, late fees, fines or special assessments due
  • The signature of the trustees or the managing agent

Condo documents to read before you commit

  • Master deed, declaration of trust and bylaws
  • Rules and regulations: rentals, short-term rentals, pets, renovations, moving
  • This year's budget and the reserve fund balance
  • Minutes of the last year of meetings: planned projects, disputes, fee increases
  • The master insurance policy, and what your own HO-6 policy has to cover
  • Any special assessment voted or being discussed

Questions to ask before you buy

  • When were the roof, heating plant, windows and porches last replaced, and what's next?
  • Have the fees gone up in the last few years, and why?
  • Is there a capital plan or a reserve study?
  • Is the parking space deeded, assigned by the trust, or first come?
  • Do the rules on rentals, pets or renovations fit your plans?
  • Who manages the building, and how do owners reach them?