M.G.L. c. 183A (Condominium Act)
Governs condominiums in Massachusetts, from creation by a recorded master deed through unit ownership, common areas and facilities, and the organization of unit owners and its bylaws. It covers governance and management, common expense assessments and liens, records and financial reporting, and, through section 6(d), the certificate used to confirm unpaid assessments in connection with a sale or mortgage; Massachusetts has no separate statutory resale disclosure package outside that certificate, and no equivalent statute for non-condominium planned communities or housing cooperatives.
M.G.L. c. 183A, s. 6(d) (Certificate of unpaid common expenses)
The 6(d) certificate: on written request and payment of a reasonable fee, the organization of unit owners furnishes within ten business days a statement of the unpaid common expenses and any other sums assessed against a unit, including the amount it claims is entitled to priority over a first mortgage under section 6(c). The statement binds the organization, its governing body, and every unit owner, and when recorded in the registry of deeds it discharges the unit from any lien for other sums then unpaid. A statement from an unincorporated organization must cite the registry book and page of the instrument giving its signers authority. No fee may be charged to a mortgagee foreclosing on the unit that has given the organization notice of its intent to foreclose. Massachusetts has no resale disclosure statute and no planned-community or cooperative act.
Official textM.G.L. c. 183A, s. 6(c) (Lien priority and mortgagee statement)
Gives the organization of unit owners a lien for common expense assessments that is prior to a first mortgage for up to six months of budgeted common expenses plus the costs and attorneys' fees of enforcing it, requires notices to the owner and the first mortgagee when an account is sixty days delinquent and before an enforcement action, and lets a first mortgagee halt priority-lien enforcement by agreeing in writing to pay the priority amount and future assessments. Within ten days of a first mortgagee's written request the organization must furnish a written statement in reasonable detail of the amounts the mortgagee would pay under that election. Special assessments, late charges, fines, penalties, and interest never count toward the priority amount.
Official text