Condo special assessments in Massachusetts: what to ask

Condo special assessments in Massachusetts: what to ask

Every house has a catch. In a Massachusetts condo, the catch is often not inside your unit — it is a special assessment for the roof, the elevator, the facade, or a lawsuit you never saw in the listing photos.

Monthly condo fees are only the visible bill. Special assessments and thin reserves are how five-figure surprises show up after you offer. Massachusetts law does not hand you a full resale disclosure package the way some other states do. You have to ask.

This is general information, not legal advice. Talk to a Massachusetts real estate attorney — and have counsel review condo documents — before you rely on any certificate or budget.

What a special assessment is (in plain English)

Under M.G.L. c.183A §6, condominium common expenses are assessed against units (usually by percentage interest, or by another method the master deed lawfully allows). The organization of unit owners (the trust / association) has a lien on a unit for unpaid common expense assessments from the time they become due. Unit owners are personally liable for their share of common expenses, including late charges, fines, interest, and collection costs (§6(b)).

A special assessment is typically an extra common-expense charge for a specific project or shortfall — exterior work, systems replacement, insurance deductible spikes, litigation, or catching up underfunded reserves — rather than the routine monthly fee. Your master deed, trust, and by-laws control how special assessments are proposed and approved. Read those documents; do not assume "the board can always just bill it."

Chapter 183A also lets the association assess certain costs differently in defined cases (for example misconduct-related costs, some limited common area costs, or certain device/utility costs under §6(a)(ii)). Those are still assessment risk — ask whether any unit-specific or building-wide charges are pending.

The 6(d) certificate — powerful, but narrow

Section 6(d) is the main statutory resale statement Massachusetts requires the association to furnish on request:

• On written request and payment of a reasonable fee, the organization of unit owners must furnish, within ten business days, a statement of unpaid common expenses and other sums assessed against the unit owner, including any amount the association claims is entitled to priority over a mortgage under §6(c).
• When that statement is recorded in the appropriate registry of deeds, it operates to discharge the unit from any lien for other sums then unpaid (as the statute provides).
• The statement binds the organization, its governing body, and every unit owner.
• No fee is required of a mortgagee in a foreclosure context who has given the required notice of intent to foreclose (see the statute for that carve-out).

What 6(d) is not:

• It is not a full building health report.
• It does not, by itself, require the association to attach the budget, reserve study, insurance declarations, minutes, or litigation summary.
• It does not create a statewide condo "rescission period" after you read the docs. If you want time to review documents, you must negotiate that in your offer / P&S.

So: always get a current 6(d) certificate through closing — and separately demand the financial and governance package that actually reveals special-assessment risk.

Priority liens vs special assessments (why lenders care)

Section 6(c) gives condo associations an important lien priority over many first mortgages for a limited amount of recent regular common expenses (commonly discussed as up to six months of budgeted assessments, plus certain enforcement costs — read the current statute text carefully; it was amended effective February 18, 2025). Critically, the statute states that the priority amount shall not include amounts attributable to special assessments, late charges, fines, penalties, and interest.

Practical buyer takeaway: unpaid special assessments are still your problem if they are owed and not handled at closing. A "clear" feeling from a mortgage payoff letter is not the same as a recorded 6(d) statement that matches the closing figures. Have your closing attorney reconcile the 6(d) amounts with the settlement statement.

Reserves: the quiet predictor of future special assessments

Massachusetts condo practice treats reserves as the buffer against sudden special assessments. Underfunded reserves plus aging roofs, elevators, masonry, or fire systems is how "surprise" assessments are born.

Chapter 183A does not replace your need to read the association's actual numbers. Before you offer, ask for:

• Current operating budget and year-to-date financials
• Reserve balances and any reserve study or capital plan (if one exists)
• Last 2–3 years of board / owner meeting minutes (look for "special assessment," "loan," "roof," "lawsuit," "insurance," "engineer")
• Master insurance declarations and recent premium history
• Any owner questionnaire the lender requires (Fannie/Freddie-style condo questionnaires often surface litigation and special assessments)

If reserves are thin and large projects are discussed in minutes, price that into your offer — or walk.

What Massachusetts does not automatically give buyers

Unlike some states' resale statutes, a Massachusetts resale buyer should assume:

• No automatic full disclosure bundle from the association to a prospective purchaser
• No automatic cancel-after-docs statutory window
• Unit owners and certain mortgage holders have record-inspection rights under the chapter; prospective buyers generally get documents through the seller and negotiated contingencies

Put document delivery and review periods in the offer. Name the documents. Set deadlines. State what happens if a special assessment is levied between offer and closing.

Questions to ask before you offer (copy-paste)

1. Are there any current or proposed special assessments? Amount per unit, purpose, due dates, and payment plan options?
2. Please provide a current c.183A §6(d) certificate for this unit (we will refresh it through closing). Who orders it and who pays the fee?
3. What is the monthly common expense for this unit, and when was it last increased?
4. Please provide the current budget, reserve balance, and any reserve study / capital plan.
5. Please provide the last 24–36 months of board and owner meeting minutes.
6. Is there any pending or threatened litigation involving the association or this unit?
7. What is the status of master insurance (carrier, coverage type, deductible, recent claims)?
8. Are any large projects planned (roof, elevator, facade, plumbing stacks, fire system, windows) in the next 1–5 years?
9. Has the association borrowed money, levied a special assessment, or defeated a special assessment vote in the last five years?
10. Are there delinquent unit owners at a level that affects the budget or lender condo approval?
11. Who is responsible for limited common areas (decks, garages, parking) — association or unit owner — and are any unit-specific assessments pending?
12. Between offer and closing, if a special assessment is approved, who pays — seller or buyer — and will that be written into the P&S?

How to use this in a fast MA offer cycle

1. Before offer: ask the listing agent the special-assessment and reserves questions in writing; request condo docs immediately.
2. In the offer: contingency for receipt and satisfactory review of master deed, trust/by-laws, rules, budget, reserves, minutes, insurance, and a 6(d) certificate; allocate future assessments; require an updated 6(d) at closing.
3. After acceptance: read minutes like a detective; skim for money stress; have your attorney and lender condo desk review.
4. At closing: match the recorded/updated 6(d) to the numbers on the settlement statement.

Pair condo money questions with lead paint (pre-1978 buildings), open permits, and a unit inspection. A staged kitchen does not pay for a new roof.

For the same checklist in Greater Boston towns, see the Somerville condo buying checklist, Cambridge pre-offer checklist, Brookline condo buying checklist, and Arlington house checklist.

Always prefer the legislature text your attorney cites for the deal in front of you — condo documents and recorded amendments control many approval mechanics beyond the statute's baseline.

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