A condo purchase is really two purchases: the unit, and a fractional stake in the association that runs it. The paperwork tells you which one you're actually buying.
Published 2026-07-03
Buying a Massachusetts condominium unit means buying two things at once: the physical unit, and an undivided percentage interest in the building's common areas and facilities, both created and governed by the Massachusetts Condominium Act, M.G.L. c. 183A. The organization of unit owners — the association — runs the building, holds its own budget, and carries its own legal exposure. All of that becomes the buyer's problem the day the deed records, whether or not it ever came up during showings.
That is why a condo purchase-and-sale review looks different from a single-family one: alongside the usual title and inspection work, your attorney needs to read the association's own paperwork before the contingency period runs out.
Master deed: the document that creates the condominium — unit boundaries, common areas, and each unit's percentage interest — and is recorded at the Registry of Deeds.
Declaration of trust / bylaws: governs how the association operates — board elections, assessment authority, and structural rules (pets, rentals, alterations).
Rules and regulations: day-to-day house rules, typically amendable more easily than the master deed or bylaws themselves.
Beyond those governing documents, a full condo-document review pulls together the association's finances and history:
| Document | What it tells you |
|---|---|
| Master deed & amendments | Unit boundaries, percentage of common interest, and permitted uses. |
| Declaration of trust / bylaws | Governance structure, assessment authority, and rental/pet rules. |
| Current budget & reserve study | Whether fees are funding the building adequately, or deferring maintenance. |
| Last two years of meeting minutes | Pending disputes, upcoming assessments, and any deferred capital projects. |
| Master insurance policy's declarations page | What the association's policy covers, versus what your own HO-6 policy needs to cover. |
| 6(d) certificate | Confirms common-expense fees on the unit are current as of a specific date — see below. |
Under M.G.L. c. 183A, §6, a condo association has a lien on a unit for any unpaid common-expense assessment. Critically, that lien can take priority over even a first mortgage recorded before the delinquency — for up to six months of unpaid common-expense assessments immediately preceding the date the association moves to enforce the lien. Real estate practitioners call this the condo "super lien."
Subsection (d) of that same section is where the "6(d) certificate" gets its name: a written statement from the association listing any unpaid common-expense assessments against a unit as of a given date. Once recorded, it discharges the unit from liens for any other unpaid sums — which is exactly why buyers' attorneys and lenders order one before closing. The statute requires the association to furnish it within ten business days of a written request, so order it with enough lead time that a surprise balance doesn't appear at the closing table.
| Red flag | Why it matters |
|---|---|
| Reserves well below the building's own reserve-study target | Underfunded reserves make a special assessment more likely when the roof, facade, or mechanical systems need replacement. |
| High delinquency rate among owners | Signals cash-flow stress that can force special assessments or deferred maintenance. |
| A recent or pending special assessment | A large one-time bill can land on the new owner depending on the timing and your agreement with the seller. |
| Litigation involving the association | Can affect financing — some lenders decline to lend into a litigious association — and future fee levels. |
| High rental / low owner-occupancy ratio | Can affect whether the unit qualifies for standard FHA or conventional financing. |
Both FHA and conventional (Fannie Mae/Freddie Mac) financing apply project-level eligibility rules that look at owner-occupancy ratio, delinquency rate, and pending litigation, among other factors. A condo that fails those checks can narrow your financing options or push you toward a different loan product — ask your lender to run a project eligibility check early, and use HUD's FHA-Approved Condominium Search to see whether the building already carries FHA approval.
On insurance: the association's master policy typically covers the building structure and common areas, not your unit's interior finishes, personal property, or liability inside the unit. An HO-6 ("walls-in") policy fills that gap — ask for the master policy's declarations page during your document review so your insurance agent can tell you exactly what your own policy needs to cover.
It is a written statement from the condominium association, named for M.G.L. c. 183A, §6(d), listing any unpaid common-expense assessments against a unit as of a given date. Once recorded, it discharges the unit from liens for other unpaid sums — buyers and their lenders typically require one at closing so they are not stepping into a stranger's unpaid condo fees. The statute gives the association 10 business days to furnish it after a written request, so order it early.
Under M.G.L. c. 183A, §6, a condo association's lien for unpaid common expenses can take priority over even a first mortgage recorded before the delinquency — for up to six months of unpaid assessments immediately preceding the association's action to enforce the lien. That priority is why lenders and title companies want the 6(d) certificate before closing: it confirms there is no unpaid balance that could jump ahead of the new mortgage.
At minimum: the master deed and any amendments, the declaration of trust/bylaws and rules, at least two years of meeting minutes, the current budget and reserve study, the master insurance policy's declarations page, and a recent 6(d) certificate. Your attorney should confirm nothing on that list is missing before the purchase-and-sale contingency period runs out.
A reserve fund that is thin relative to the building's own reserve study is a leading indicator of a future special assessment when the roof, facade, or mechanical systems need replacement. Ask directly whether any special assessment has been approved, proposed, or discussed in recent minutes — timing relative to your closing date determines who is on the hook for it.
It can. Both FHA and conventional (Fannie Mae/Freddie Mac) financing apply project-level eligibility rules that look at owner-occupancy ratio, delinquency rate, and pending litigation, among other factors — a condo that fails those checks can narrow your financing options or require a different loan product. Ask your lender to run a project eligibility check early, and see HUD's FHA-approved condo search for whether the building already carries FHA approval.
Primary-source citations for the legal and regulatory claims above. Massachusetts state sites (mass.gov and everything behind it) block automated verification, so citations to those regulations are given by name/number rather than linked.
The full statutory text of the common-expense lien, its priority over prior mortgages for up to six months of assessments, and the §6(d) certificate procedure.
Look up whether a specific condominium project already carries FHA approval, and check the eligibility factors FHA reviews.
The Massachusetts condominium statute in full, for anything beyond the §6 lien provisions covered in this guide.
An open permit means a building inspector never signed off on the work — and neither your home inspector nor your title insurer will chase it down for you.
If a Massachusetts property isn't on public sewer, state law requires an independent septic inspection before the sale can close — and the result can swing the deal.
Nearly every Massachusetts home sale needs a fire-department smoke and carbon monoxide certificate. It's the seller's job to pass it — but a failed inspection is your closing that slips.
This guide is educational information for Massachusetts home buyers, not legal, financial, or professional advice, and it may not reflect the most recent regulatory changes. Verify current requirements with the relevant town department, MassDEP, or a licensed Massachusetts attorney before relying on anything here.
Fyts runs this kind of research for a specific address — permits, condo documents, septic/sewer, and more — and hands back a sourced go/no-go memo. Your first report is free, no card required.