Written by attorney Jennifer L. DiCarlo

Q: I am selling my condominium and have to get a 6(d) certificate. What is this?

6(d) refers to Section 6(d) of Chapter 183A of the Massachusetts General Laws. A buyer of a condominium unit or their lender almost always requires that a seller obtain a 6(d) certificate in order to relieve any concerns about unpaid condominium fees and assessments, which could result in a title defect. It is basically a statement issued by the condominium association that indicates the amount of any condominium fees or assessments that the seller has failed to pay. In an ideal transaction, the seller will have a zero balance, which will be shown on the certificate. A buyer will want to ensure that the statement is valid thru the closing date. If a certificate expires or is not good thru the closing date because, for example, the closing date has been extended, the seller should request an updated one. The certificate must be signed by the appropriate association authority and notarized. The seller presents it to the buyer or their attorney at closing and it is recorded with the Registry of Deeds. The seller pays the recording fee, which is typically $75.00. If properly executed and recorded, the certificate discharges the unit from a lien arising out of unpaid sums. A seller is entitled to obtain a 6(d) certificate within 10 days of their written request to their association and payment of the fee, if any, set by their association.

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