Massachusetts Condo Lien FAQ

Answers to common questions about condominium common charges, liens and collections under G.L. c. 183A, § 6. For help with a specific account, see our condominium lien and collection lawyer page or our association collection checklist.

Does a condo association need to record a lien?

No. Under G.L. c. 183A, § 6, the association has a lien on a unit for common expense assessments from the time each assessment is due, and recording the master deed is notice of and perfects the lien. The association enforces the lien by filing a civil action and recording an attested copy of the complaint.

What amounts can the lien cover?

Common expense assessments, charges properly assessed to a specific unit, and, under Section 6(a)(ii), attorneys’ fees, late charges, fines, costs of collection and enforcement, court costs and interest. The unit owner is also personally liable for these amounts.

How much of the lien has priority over a first mortgage?

Up to six months of budgeted common expense assessments that would have come due, without acceleration, in the six months before the enforcement action, plus the association’s costs and reasonable attorneys’ fees in that action. Special assessments, late charges, fines, penalties and interest are not part of the priority amount.

What notices must the association send?

After a unit’s common charges have been delinquent at least 60 days, the association must notify the unit owner by certified and first-class mail, and the first mortgagee if it has given the association its name and address. At least 30 days before filing suit, the association must send the first mortgagee notice of intent to file. Missing a mortgagee notice can cost the association priority for its fees and costs.

Can the association file more than one priority lien action?

Yes. In Drummer Boy Homes Ass’n v. Britton (SJC 2016), the court held that an association may bring successive actions to create multiple six-month priority liens while charges remain unpaid.

How does the first mortgage holder stop a lien action?

If the first mortgagee agrees in writing that a priority lien exists and pays the priority amount within the time allowed, along with ongoing common charges until it forecloses or no longer holds the mortgage, the association must stop enforcement. On written request, the association must provide a detailed payoff statement.

Can the association take my unit?

Yes, in serious cases. After a court enforces the lien, the court can order the unit sold, following the notice and sale procedures in G.L. c. 254, § 5A. Most cases resolve through payment, a payment plan, a refinance or sale, or payment by the mortgage holder before that point.

My unit is rented. Can the association collect from my tenant?

Yes. Section 6(c) allows the association, after written notice to the owner stating the amount claimed and an opportunity to respond, to direct the tenant to pay rent to the association up to the amount owed. A tenant who pays the association is protected, and an owner who knowingly misrepresents facts in response can face additional liability.

Can I withhold condo fees because of a dispute with the board?

Generally no. Under Trustees of the Prince Condominium Trust v. Prosser (SJC 1992), an owner must pay common charges when due, under protest if necessary, and then seek reimbursement or a court ruling. The Appeals Court has held that this rule does not apply to penalties, fines and late fees, which may be contested without paying first.

What is a 6(d) certificate and why does it matter?

It is the association’s written statement of unpaid common charges and other amounts on a unit. The association must provide it within ten business days of a written request and may charge a reasonable fee. When recorded, it discharges the unit from unpaid liens not shown on it, which is why buyers and lenders require it at closing.

Who pays the association’s legal fees?

Generally the delinquent unit owner. Section 6 makes owners liable for costs of collection, including reasonable attorneys’ fees, and courts can award fees in enforcement actions. Owners can dispute fees they believe are unreasonable.

I bought a unit and found unpaid charges from the prior owner. Am I liable?

It depends on whether a 6(d) certificate was obtained and recorded at closing and what it showed, and on the terms of any foreclosure. Review your closing documents and title policy, and get advice before paying.

Does the condo lien survive a bank foreclosure?

The priority portion of the lien ranks ahead of the first mortgage, so it generally must be paid. The rest of the association’s claim is typically junior to a first mortgage recorded before the delinquency. Whoever owns the unit after foreclosure is responsible for common charges going forward. Buyers at foreclosure should obtain a 6(d) certificate and get advice about any earlier unpaid amounts.

What should an owner do after receiving a delinquency notice?

Act quickly. Confirm the amount owed, pay or propose a written payment plan, and raise any dispute in writing. Fees and costs grow once a lawsuit is filed, and the priority lien can affect a pending sale or refinance.

Key Authorities

• G.L. c. 183A, § 6 (common expenses, liens, priority, 6(d) statements)
• G.L. c. 254, §§ 5 and 5A (enforcement and sale)
• Drummer Boy Homes Ass’n v. Britton, SJC (2016) (successive priority liens)
• Trustees of the Prince Condominium Trust v. Prosser, 412 Mass. 723 (1992) (pay under protest)

Behind on common charges, or managing a delinquent account? Contact Muggeo & Associates or call (978) 741-1177. Our Salem office represents condominium associations, trustees, unit owners and buyers across the North Shore and Massachusetts.

This page is general information, not legal advice. Your condominium’s master deed, declaration of trust and bylaws, and the facts of each account, affect the outcome. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee future outcomes. Last reviewed November 2026.