What a 6(d) certificate is
The name comes from subsection (d) of section 6 of MGL chapter 183A, the Massachusetts condominium law. The text says:
A statement from the organization of unit owners setting forth the amount of unpaid common expenses and any other sums which have been assessed against a unit owner, including a statement of the amount which the organization of unit owners claims is entitled to priority with respect to any mortgage under subsection (c), shall operate to discharge the unit from any lien for other sums then unpaid when recorded in the appropriate registry of deeds. (MGL c.183A s.6(d), excerpt)
In plain words: it is a payoff letter from the association. It tells the buyer, the buyer’s lender and the closing attorney what the unit owes. Once recorded, it protects the buyer from liens for other sums that were unpaid at that date.
Who issues it
The statute says the statement comes from “the organization of unit owners”. In practice that means the condo trustees or the management company the trustees hired. Large buildings often send requests to a property manager. Small, self-managed buildings may have one trustee who signs it.
The statute also says that when the statement comes from an unincorporated organization, it must say the book and page (or document number) of the document that gave the signers authority to sign. This is one reason a self-managed building sometimes needs extra time. Ask your attorney if the building’s records are messy.
What it must show
By the statute, the certificate must set out:
- the unpaid common expenses for the unit,
- any other sums assessed against the unit owner, and
- the amount the association claims is entitled to priority over a mortgage under subsection (c).
Some managers add extra lines, such as a pending special assessment, the monthly fee, or the date through which fees are paid. Those are common practice, not statutory requirements. Closing attorneys and lenders often ask for them, so tell your manager what your buyer needs.
How long it takes, and what it costs
The deadline is in the law: the statement “shall be furnished within ten business days after receipt of a written request, upon payment of a reasonable fee.” Send the request in writing, keep a copy, and note the date. Ten business days is two calendar weeks, so request it when you list, not when you get an accepted offer.
The law does not set the fee. It says “reasonable”. We could not find an official figure and we do not know a statewide typical amount, so ask your manager for the price before you order. The statute also says that no fee is required of a mortgagee (a lender) that has given notice of its intent to foreclose.
| Step | When |
|---|---|
| You put the request in writing to the trustees or manager | Day 0, ideally when you list |
| The association must furnish the statement | Within 10 business days |
| Closing attorney reviews and records it at the registry of deeds | Before or at closing, per your attorney |
What happens if fees are unpaid
Section 6 gives the association a lien on your unit for common expense assessments from the day they are due. You are also personally liable for the sums assessed, including late charges, fines, interest and collection costs (section 6(b)).
Under section 6(c), the lien ranks ahead of most other liens. It is also ahead of a first mortgage recorded before the fees went delinquent, but only for up to six months of budgeted common expenses before the association starts an action, plus costs and reasonable attorney’s fees. Liens recorded before the master deed and real estate tax liens rank ahead of it.
At a sale, the association’s claim is paid out of your proceeds at closing. The closing attorney will show it on your closing statement. If you are behind, ask the association for a payoff figure and settle it before closing so the 6(d) does not delay the sale.
If there is a dispute about the amount, tell your attorney right away. Do not wait for the closing week.
Practical tips for sellers
- Order early. Put the request in writing when you list the condo.
- Confirm the manager’s email or portal for 6(d) requests. Some buildings use an outside service.
- If the closing date moves, ask whether the certificate needs an update. It reflects a date.
- Read the broader process in selling a condo in Massachusetts and the paperwork list in the purchase and sale agreement guide.