Condominium Association Collection Checklist

A step-by-step guide for Massachusetts condominium trustees and managers handling delinquent common charges under G.L. c. 183A, § 6. Following these steps protects the association’s priority lien and its right to recover fees. For background, see our condo lien FAQ.

1. Put a Collection Policy in Place

Adopt a written collection policy that sets due dates, grace periods, late charges, interest and when accounts go to counsel.
Confirm the master deed, declaration of trust and bylaws authorize the late charges, fines and fee recovery you plan to use.
Apply the policy consistently to every unit.
Keep an up-to-date list of first mortgagees that have given the association their names and addresses.

2. Early Delinquency (First 60 Days)

Send a friendly reminder and statement soon after a payment is missed.
Record every charge, payment and communication in the unit ledger.
Offer a short written payment plan where appropriate, without waiving the association’s rights.

3. Statutory Notices

When any part of the account has been delinquent at least 60 days, send the 60-day delinquency notice to the unit owner by certified and first-class mail, stating the amount owed.
Send the same notice to the first mortgagee if it has provided its name and address.
At least 30 days before filing suit, send the first mortgagee a notice of intent to file a lien enforcement action.
Keep copies of every notice, mailing receipt and tracking record.

4. Rented Units

If the delinquent unit is rented, consider the Section 6(c) rent redirection process.
Send the owner the required written notice stating the exact amount claimed and wait for the response period to run.
Then notify the tenant in writing to pay rent to the association up to the amount owed.

5. Lien Enforcement Action

Refer the account to counsel to file a civil action to enforce the lien in the District Court or Superior Court, naming everyone with an interest in the unit.
Record an attested copy of the complaint at the Registry of Deeds or Land Court registry district within 30 days of filing.
Respond promptly to first mortgagee requests for a payoff statement, and stop enforcement if the mortgagee agrees in writing and pays the priority amount within the time allowed.
If charges remain unpaid, consider a successive priority lien action, as permitted by Drummer Boy Homes Ass’n v. Britton.
Seek judgment for the full amount owed, including costs and reasonable attorneys’ fees.

6. Resolution or Sale

Document any settlement or payment plan in a written agreement that preserves the lien until payment in full.
If the case does not resolve, ask the court for an order of sale and follow the publication and notice requirements of G.L. c. 254, § 5A.
After payment, file a dismissal and record a discharge or release where appropriate.

7. Ongoing Compliance

Provide 6(d) certificates within ten business days of a written request, and make sure they are accurate. A recorded certificate binds the association.
Assess common expenses at least annually based on an adopted budget.
Review the collection policy and delinquency reports at each board meeting.

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.