A buyer nearing closing on a Massachusetts condo hears their attorney or lender mention the need for a “6(d) certificate” before the deal can close. This document may delay closing or require additional steps if it is missing or shows unpaid amounts associated with the unit.
Learn what the certificate verifies, who’s responsible for getting it, and why buyers should review it before buying a condo in Massachusetts.
What is a 6(d) Certificate?
Under M.G.L. c.183A §6(d), a 6(d) certificate is a statement from the condominium association or organization of unit owners identifying unpaid common expenses and other assessed sums tied to the unit. This legal document helps identify unpaid amounts tied to the unit before closing and can help address certain lien issues when properly handled. That matters because unpaid common expenses may create a lien on the unit, not just a personal obligation of the current owner.
The statement is issued by the condominium association or organization of unit owners. Some condominium associations are formed as trusts, while others are incorporated entities. That structure can affect who has authority to sign or issue association documents.
What Happens if It’s Missing?
Without a recorded certificate or statement addressing unpaid amounts, the buyer may face unresolved lien or assessment issues tied to the unit. Lenders and title companies may need this document or require that any unresolved amounts be addressed before funding or finalizing a condo purchase. The closing may be delayed until the appropriate association representative signs or issues the required document.
Who Requests the Certificate and Who Pays for It?
The request is typically made in writing to the condominium association or its property manager, usually initiated by the seller or the seller’s attorney as part of the real estate closing process. The statement must be furnished within 10 business days of receipt of a written request.
The association may charge a “reasonable fee” for issuing the certificate, although the statute doesn’t set an exact amount. In Massachusetts, the purchase and sale agreement or local closing practice may determine who pays the fee.
How Long Is a 6(d) Certificate Valid?
While M.G.L. c.183A §6(d) does not specify an expiration or validity period, standard closing and lending practice is typically 30-60 days. However, lenders and title insurers may require a certificate dated close to closing.
If a closing is delayed, a certificate that was accurate a month ago may no longer reflect new assessments or fees. An updated certificate may be required by the lender, title insurer, or closing attorney.
What’s the Difference Between a “Clean” and a “Dirty” 6(d) Certificate?
A “clean” certificate states that no unpaid common expenses are owed on the unit. A “dirty” certificate shows an outstanding balance that may need attention before or at closing.
A “dirty” certificate does not necessarily stop the sale, but it identifies an amount that may need to be paid, escrowed, or otherwise resolved in accordance with the purchase agreement and closing requirements. This certificate signals the buyer to pause and understand what’s owed and how it will be handled, not something buyers should overlook.
This is the type of detail a buyer’s attorney can review as part of a full condo document review. Contact Calabrese Law Associates for help reviewing the details of your condo documents more efficiently and effectively.
Why Trust Calabrese Law Associates With Your Condo Purchase
We are your trusted partner in competitive real estate transactions, offering guidance to help you make informed decisions before buying a condo. Our attorneys coordinate with you to review condo documents and explain the key issues that may affect your purchase.
Our Unit Owner Protection Program™ is designed for buyers who have made an offer on a condo and had it accepted. We help you understand Massachusetts condominium matters through our condo document review and analysis.
From our industry accolades to positive customer reviews, we are dedicated to providing high-quality legal services while taking into account your unique circumstances and goals. Our firm is recognized for real estate law in the Greater Boston Area and throughout Massachusetts, helping you approach the process with more clarity.
Let Calabrese Law Associates Review Your Condo Documents
Have your 6(d) certificate and full document set reviewed before closing. Our attorneys bring our industry knowledge and real estate experience to provide guidance on the legal and financial considerations involved in your condo purchase. We can provide legal guidance if disputes arise after purchase. Our Unit Owner Protection Program also provides a summary outlining your rights, responsibilities, and risks as a condo unit owner.
Contact Calabrese Law Associates to better understand the condo’s fine print before making a decision.
This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.
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