Massachusetts guide

Massachusetts condo document review

Massachusetts condo document review operates under M.G.L. Chapter 183A — one of the older U.S.

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condo statutes. The only statutorily required resale disclosure is the 6(d) certificate of unpaid common expenses, delivered within 10 business days of written request. There is no statutory rescission. For converted-era stock, particularly Greater Boston brownstones and triple-deckers, conversion-specific diligence questions add significant complexity beyond the standard packet.

What c.183A requires

Master Deed and bylaws recorded under the Act, an adequate replacement reserve fund, annual CPA financial review for condos with 50+ units (optional for smaller), master property insurance, fidelity bond for condos with more than 10 units (at 25% of annual assessments), open meetings under §10, and owner records inspection rights. The Act does not require a reserve study, a public offering statement on resale, or a comprehensive resale package beyond the 6(d) certificate.

The 6(d) certificate

Under M.G.L. c.183A §6(d), the association must furnish a certificate of unpaid common expenses within 10 business days of written request. It is binding on the association — once paid, the lien is released and the buyer takes free of prior condo debts. Fees are limited to "reasonable." The 6(d) is the foundation of condo title-clearing in Massachusetts.

What to request beyond the 6(d)

Master Deed and bylaws, current rules, current annual budget, recent CPA review or audit, current reserve balance and any voluntary reserve study, master policy declarations page and exclusions endorsement, 18+ months of board minutes, an explicit litigation summary, the original Offering Plan (for conversions), and Section 9-9.12 facade inspection report (for Boston tall buildings). None of this is automatic.

Conversion-era and aging-building overlays

For pre-1990 conversions, also request: the original conversion Offering Plan, post-conversion capital-program history, and any voluntary engineering reports. For pre-1990 stock generally, focus on the capital-program trajectory against realistic 10-year exposure. The "adequate reserve" standard is undefined statutorily — practical adequacy is the diligence question.

Massachusetts legal references

Informational only. Not legal advice. Always confirm against current statute and counsel.

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Reviewer's checklist

  • Request the 6(d) certificate (M.G.L. c.183A §6(d))
  • Request Master Deed, bylaws, and current rules
  • Request current annual budget and recent CPA review (50+ units)
  • Request current reserve balance and any voluntary reserve study
  • Request master policy declarations page and exclusions endorsement
  • Confirm fidelity bond compliance (>10 units)
  • Request 18+ months of board minutes
  • Request an explicit litigation summary
  • For Boston tall buildings: request Section 9-9.12 facade inspection report
  • For conversions: request original Offering Plan and post-conversion capital history

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Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.

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Need a real estate lawyer or mortgage specialist?

We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.

  • HOA lawyer
  • Mortgage broker
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