Massachusetts Condominium Lien & Common Charge Collection Lawyer

Condominium associations depend on regular payment of common charges, and Massachusetts gives them strong collection tools under G.L. c. 183A, § 6. Those tools only work if the association follows the statute’s notice and enforcement steps exactly. Muggeo & Associates represents condominium associations and trustees in collecting delinquent common charges and enforcing liens, and represents unit owners, buyers and lenders in lien disputes, payoffs and challenges to improper charges.

For Condominium Associations and Trustees

• Delinquency and priority lien notices to unit owners and first mortgagees that meet Section 6(c).
• Lien enforcement actions in the District Court or Superior Court, including recording the complaint at the Registry of Deeds or Land Court.
• Successive priority lien actions where charges remain unpaid.
• Negotiations and payment agreements with unit owners and first mortgagees, including mortgagee agreements to pay the priority amount.
• Rent redirection from tenants of delinquent rented units under Section 6(c).
• Court-ordered sale of a unit to satisfy the lien when other options fail.
• Collection policies, late charge and fine schedules, and review of master deed, trust and bylaw provisions.
• 6(d) certificates and payoff statements for sales, refinances and foreclosures.

For Unit Owners, Buyers and Lenders

• Disputes over charges, including special assessments, fines, late fees and charges assessed only to your unit.
• Defense of lien enforcement actions and negotiation of payment plans before fees and costs grow.
• Challenges to fees and costs claimed by the association.
• Purchase and sale review, including 6(d) certificates and pending special assessments.
• Lender questions about priority liens and the six-month priority amount before foreclosure.

How the Massachusetts Condominium Lien Works

Under G.L. c. 183A, § 6, an association has a lien on each unit for common expense assessments from the time they become due. The lien also covers charges properly assessed to a specific unit, along with late charges, fines, interest, and costs of collection, including attorneys’ fees. Recording the master deed perfects the lien, so no separate lien filing is needed.

Priority Over the First Mortgage

The lien generally ranks ahead of all other liens except liens recorded before the master deed, a first mortgage recorded before the assessment became delinquent, and real estate taxes and municipal charges. Even against that first mortgage, the association has priority for up to six months of budgeted common expense assessments, plus the costs and reasonable attorneys’ fees of the enforcement action. The priority amount does not include special assessments, late charges, fines, penalties or interest.

Required Notices

• Once any part of a unit’s common charges has been delinquent for at least 60 days, the association must send the owner a notice of the delinquency by certified and first-class mail, and must also send it to the first mortgagee if the mortgagee has provided its name and address.
• At least 30 days before filing an action to enforce the lien, the association must send the first mortgagee notice of its intent to file.
• Missing a mortgagee notice does not destroy the six-month priority, but it can exclude the association’s costs and attorneys’ fees from the priority amount.

Enforcing the Lien

The lien is enforced by a civil action under G.L. c. 254, §§ 5 and 5A, which can lead to a court-ordered sale of the unit. An attested copy of the complaint must be recorded within 30 days of filing, or the lien may be dissolved. In Drummer Boy Homes Ass’n v. Britton (2016), the Supreme Judicial Court held that an association may bring successive actions to obtain multiple six-month priority liens while charges remain unpaid. A first mortgagee can stop enforcement by agreeing in writing that the priority lien exists and paying the priority amount and ongoing charges.

Rented Units

If a delinquent unit is rented, Section 6(c) lets the association, after written notice to the owner and an opportunity to respond, direct the tenant to pay rent to the association up to the amount owed. Tenants who comply are protected from retaliation.

Paying Under Protest

Unit owners who disagree with a charge generally must still pay it. In Trustees of the Prince Condominium Trust v. Prosser, 412 Mass. 723 (1992), the Supreme Judicial Court held that an owner may not withhold common charges and must pay under protest, then seek a ruling on the dispute. The Appeals Court later held in Trustees of 10 Porter Street Condominium Trust v. Cerda that this pay-under-protest rule does not extend to penalties, fines and late fees, which owners may contest without first paying them. Owners should get advice before deciding not to pay any charge.

Condominium Lien Resources

• Massachusetts Condo Lien FAQ
• Condominium Association Collection Checklist
• The full text of G.L. c. 183A, § 6

Serving Salem and the North Shore

We represent condominium associations and owners in Salem, Peabody, Beverly, Lynn, Marblehead, Swampscott, Danvers and throughout Massachusetts. See our real estate and landlord-tenant practice and all areas we serve.

Frequently Asked Questions

What is a condominium “super lien” in Massachusetts?

Under G.L. c. 183A, § 6(c), a condominium association’s lien for unpaid common expenses has priority even over an earlier first mortgage for up to six months of budgeted common expense assessments, plus the costs and reasonable attorneys’ fees of the enforcement action, if the association follows the statute’s notice and enforcement steps.

Can a condo association bring more than one priority lien action?

Yes. In Drummer Boy Homes Ass’n v. Britton (2016), the Supreme Judicial Court held that an association may bring successive actions, each creating a new six-month priority lien, while charges remain unpaid.

Can I stop paying condo fees because the association has not made repairs?

Generally no. The Supreme Judicial Court held in Trustees of the Prince Condominium Trust v. Prosser (1992) that unit owners must pay common charges when due, under protest if they disagree, and then challenge the charges separately. An owner who withholds payment risks a lien, attorneys’ fees and collection costs.

Is the unit owner responsible for the association’s attorneys’ fees?

Generally yes. Section 6 makes unit owners personally liable for unpaid assessments together with late charges, fines, interest and costs of collection, including reasonable attorneys’ fees, and those amounts are also a lien on the unit.

What is a 6(d) certificate?

It is a statement from the association of any unpaid common charges and other amounts owed on a unit. It must be provided within ten business days of a written request, for a reasonable fee, and is typically required to close a sale or refinance.

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.