David Babakaiff
Written by David Babakaiff · Co-Founder, VanPlex | 25+ Years BC Construction Last reviewed: October 2026

United States | Massachusetts

Massachusetts Condo Law: Chapter 183A for Small Condominiums

Massachusetts condominiums, including two- and three-unit buildings, follow Chapter 183A of the General Laws. The owners act through an organization of unit owners, set up as a corporation, trust or unincorporated association in the master deed. The Foundation for Community Association Research, an industry group, estimates 11,700 associations in Massachusetts in 2025.

The short answer

  • Common expenses are split by each unit's percentage interest in the common areas, or by unit area if the master deed says so (s. 6(a)).
  • Assessments are made at least once a year, from a budget adopted at least once a year.
  • Unpaid assessments are a lien from the day they are due. Up to six months of regular assessments, plus costs and attorney fees, rank ahead of an earlier first mortgage.
  • After 60 days of delinquency, the organization sends notices to the owner and the first mortgagee by certified and first class mail, and gives the lender 30 days' notice before suing.
  • A 6(d) certificate of unpaid charges is due within 10 business days of a written request, for a reasonable fee.

How costs are shared

  • Each owner's share of common expenses follows the unit's percentage interest in the common areas, or the unit's area if a recorded amendment says so. Such an amendment needs the consent of every owner whose share changes materially.
  • Costs caused by one owner breaking the rules, or by misconduct of the owner, family, tenants or guests, can be charged to that owner alone.
  • The cost of a limited common area, such as a deck or yard, can be charged to the unit it serves, or that owner can be told to maintain it.
  • Metered water and utilities can be charged by meter after a majority of owners at a properly noticed meeting approve it.
  • Late charges, fines, collection costs and interest can be added to the owner's account as part of the lien.
  • Common profits are shared the same way as common expenses.

Unpaid assessments

  • The owner is personally liable for the assessments, late charges, fines, interest and collection costs.
  • Once any part is 60 days delinquent, the organization sends a notice of the amount to the owner, and to the first mortgagee if the lender has given its address, both by certified and first class mail.
  • Thirty days before suing to enforce the lien, the organization sends the lender notice of its intention.
  • Priority: the lien ranks ahead of an earlier first mortgage for up to six months of regular budgeted assessments, plus costs and reasonable attorney fees. Special assessments, late charges, fines and interest are left out of that priority amount.
  • If the lender agrees in writing and pays the six months and costs within 60 days, and keeps paying future assessments, the organization stops enforcing the priority lien against that unit.

The 6(d) certificate

When a unit is sold or refinanced, the organization issues a statement of unpaid common expenses and other sums owed, including the amount it claims has priority over the mortgage. It must be furnished within 10 business days after a written request, for a reasonable fee, and binds the organization and every owner. Once recorded, it discharges the unit from any lien for other sums then unpaid (s. 6(d)).

The organization of unit owners

  • Each owner's interest in the organization equals the unit's interest in the common areas, and passes with the unit (s. 10(a)).
  • The organization can insure the common areas in its own name, sue and be sued, charge late fees and interest, and levy reasonable fines for breaking the master deed, by-laws or rules.
  • It keeps the master deed, by-laws, minute book and financial records, including records of the replacement reserve fund. Minutes go to owners by email on request.
  • Owners holding a majority in beneficial interest can vote for an independent CPA review of the financial report, paid as a common expense.
  • The by-laws may set up arbitration of disputes about running the condominium (s. 12(b)).

Read in Massachusetts General Laws Chapter 183A on malegislature.gov on 31 October 2026. Your master deed, trust and by-laws add rules of their own.

Common questions

What is Chapter 183A? +

The Massachusetts condominium law. It covers how a condominium is created, how the organization of unit owners runs it, how costs are shared, and the lien for unpaid charges.

How are condo fees split in Massachusetts? +

By each unit's percentage interest in the common areas, or by unit area if a recorded master deed amendment says so.

What is a 6(d) certificate? +

The organization's statement of what a unit owes, including the amount with priority over the mortgage. It is due within 10 business days of a written request and binds the organization once issued.

Does a Massachusetts condo lien come before the mortgage? +

For up to six months of regular budgeted assessments, plus costs and reasonable attorney fees, yes. Special assessments, late charges, fines and interest are left out of that priority.

What notices must a condo send before suing for unpaid fees? +

A notice to the owner and the first mortgagee once fees are 60 days delinquent, and a 30-day notice of intent to the mortgagee before filing, all by certified and first class mail.

Can one owner be charged for damage they caused? +

Yes. Costs caused by an owner's rule breach or misconduct, or by family, tenants or guests, can be charged to that owner and are enforceable like common expenses.

Read next

Official Sources

General information, not tax or legal advice. Tax rules and legal requirements change and depend on your specific situation. Confirm current rules with a tax professional and an attorney licensed in your state before making a decision.

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