Condominium Liens
Priority of Condominium Liens
The rights and responsibilities of owners of condominiums in Massachusetts are governed by statute (Massachusetts General Laws Chapter 183A). The statute creates rights in the association of condominium owners within any given condominium against the individual Unit Owners and Units themselves should the owner fail to make the required payment of monthly condominium association assessments, or dues. Mass. Gen. L. c. 183A, §6(a)(i) provides that condominium common expense assessments are a lien against condominium units from the date each assessment becomes due. Mass. Gen. L. c. 183A, §6(b) provides that condominium unit owners are personally liable for their share of condominium common expenses, including late charges, fines, penalties, interest, and all costs of collection.
The lien in favor of the association takes priority over most other encumbrances on the property by operation of Section 6(c) of c. 183A . The exceptions are (i) liens and encumbrances created and recorded prior to the master deed, (ii) liens for real estate taxes and other municipal assessments or charges against the unit, and (iii) a first mortgage on the property that was recorded prior to the assessment becoming overdue. In this instance, the association’s lien is superior to the first mortgage only for the first six months of assessments plus interest and late fees.
Buyers should take steps to protect themselves against taking title to a condominium unit with outstanding common area expenses due. The method of protection is set forth in Mass. General Laws Ch. 183A, sec. 6(d). A certificate signed by a trustee or trustees of the condominium trust or association verifying that the expenses for a particular unit is binding on the association from ever seeking to enforce a lien for expenses due prior to the date of the certificate. This so-called 6(d) certificate is a must have when purchasing a condominium in Massachusetts. Buyers are advised to consult a real estate attorney for guidance on whose signature is necessary to create a valid 6(d) certificate for that particular condominium association.
Authored in conjunction with Old Republic National Title Insurance Company.
Contact a Massachusetts Real Estate Lawyer
For more information regarding the preparation and filing of a homestead, or if you are looking for a real estate lawyer in Massachusetts, please contact Rob D. Stewart. If you prefer, you can also telephone our offices in Boston seven days a week at toll free 866-414-0400.
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Ryan P.B. Kelly is an associate and a member of Parker Scheer's Corporate and Real Estate Practice Groups. Mr. Kelly's corporate practice involves the formation and organization process, governance, business finance, strategic planning, the structure, terms and negotiation of various contracts, management and ownership succession, and a wide variety of other legal issues that arise in the course of conducting a business and planning for its future.