At a glance
| Statute | M.G.L. c. 183A, s. 6(d) |
|---|---|
| Deadline to issue | 10 business days after a written request |
| Fee | A "reasonable fee" (statute); $50 to $200 in practice per one practitioner |
| Expiration in the statute | None stated |
| Lien priority it protects against | Up to 6 months of budgeted assessments plus costs (s. 6(c)) |
What is a 6d certificate in Massachusetts?
Massachusetts condominiums are governed by chapter 183A of the General Laws. Section 6 lets the organization of unit owners, usually called the condominium trust in Back Bay's small brownstone buildings, put a lien on a unit for unpaid common charges. Subsection (d) gives buyers and lenders a way to learn exactly what is owed before money changes hands: a statement of the unpaid common expenses and any other sums assessed against the unit, including the amount the association claims has priority over a mortgage.
People call it a 6d, a 6(d) certificate or a 6(d) statement. All three mean the same document.
What does section 6(d) require?
The rules below come from the text of c. 183A s. 6(d) on malegislature.gov.
Who issues it
The organization of unit owners issues the statement. In practice it is prepared and signed by the trustees or by a management company acting for the association.
Ten business days
The association must furnish the statement within ten business days after it receives a written request. Make the request in writing so the clock is clear.
A reasonable fee
The statute allows the association to charge "a reasonable fee" and sets no dollar amount. It also bars any fee to a mortgagee foreclosing on a unit that has given the association notice of its intent to foreclose.
It binds the association
The statement is binding on the organization of unit owners, its governing body and every unit owner. That is what lets a buyer and a lender rely on the figures it states.
Recording clears earlier sums
Once recorded in the registry of deeds, the statement "shall operate to discharge the unit from any lien for other sums then unpaid." That is why it is recorded with the deed at closing.
Signing authority for a trust
A statement from an unincorporated association, such as a condominium trust, must, if recorded, cite the book and page (or document number for registered land) of the instrument that gives the signers authority to sign.
No statutory expiration
Section 6(d) sets no expiration date and no deadline to record the statement; it says only that it takes effect when recorded. Any rule that a certificate is good for 30 days comes from lenders or local practice, not the statute. Ask your closing attorney how recent it must be for your lender.
Why lenders insist on it: the six-month priority lien
Under c. 183A s. 6(c), the association's lien for unpaid common charges ranks ahead of all other liens on the unit except liens recorded before the master deed, a first mortgage recorded before the assessment became delinquent, and real estate tax liens. Even against that first mortgage, the lien has priority for up to six months of assessments based on the adopted budget, plus costs and reasonable attorneys' fees of the enforcement action. Practitioners call this the super lien.
A Massachusetts real estate law blog reports that in 2016 the Supreme Judicial Court allowed associations to bring repeat actions for successive six-month periods. A buyer's lender does not want to inherit that exposure, so it requires a recorded 6(d) showing what is owed.
What does a 6d certificate show?
Practitioners describe two kinds of certificate. Both are binding on the association once issued.
A clean certificate
A clean certificate shows nothing unpaid: regular fees and any special assessments already levied are current. Recorded with the deed, it lets the buyer, the seller and both lenders rely on it, and it is also used for refinances.
A certificate showing a balance
A certificate can list unpaid monthly fees, unpaid special assessments, legal fees and fines. A Massachusetts condominium attorney notes that buyers and lenders are unlikely to close until those sums are paid, so in practice the balance is usually paid from the seller's proceeds at closing, which clears the lien.
Special assessments not yet voted
The certificate covers sums already assessed against the unit. An assessment the trustees have discussed but not levied will not appear on it, so a facade or roof project in the minutes can still land on the buyer after closing. Ask the seller and trustees directly, and negotiate in the purchase and sale agreement who pays any assessment voted before closing.
Who requests and pays for a 6d certificate?
The statute does not say which party requests or pays. These are practice, not law.
Who requests it
The request usually goes from the seller's side or the closing attorney to the trustees or management company, early enough to cover the ten business days. In a small brownstone association with volunteer trustees, ask who signs and how to reach them as soon as the purchase and sale agreement is signed.
Who pays
One practitioner's blog reports that in practice the seller pays, typically $50 to $200 depending on the management company and any rush processing. Your purchase and sale agreement and your attorney will confirm the cost and who covers it in your deal.
If the trust will not issue it
The statute says the statement "shall be furnished" on written request and payment of the fee, so the association cannot simply refuse. One Massachusetts condominium attorney's advice when trustees refuse is a demand letter from counsel, followed if needed by a lawsuit seeking an order to issue it.
Small associations with no active trustees
Two- and three-unit brownstone condominiums sometimes have no functioning trust, for example when no meetings or elections were ever held after the units were sold. Someone with authority still has to sign. Filling a trustee vacancy must follow the declaration of trust, and the buyer's lender's attorney must be satisfied with the result, so involve a condominium attorney well before closing.
If it is not ready at closing
Closing attorneys sometimes hold back part of the seller's proceeds in escrow until the certificate issues, then release it. Whether that is acceptable is a decision for the buyer's attorney and lender, not a routine option.
Example: a 6(d) in a Back Bay condo sale
Take a floor-through unit in a converted Beacon Street rowhouse priced at Zillow's typical 02116 condo value of $1,298,982 (August 2026). This is how the certificate fits the sale.
- Before listing. The seller confirms who signs for the trust and that the account is current, and gathers the condo documents listed below.
- Purchase and sale agreement. The written request goes to the trust; the ten business days start.
- Buyer review. The buyer's attorney reads the documents; the lender runs its project review.
- Before closing. The trust issues the 6(d). Ask the closing attorney how any balance it shows will be paid at closing.
- Closing. The 6(d) is recorded at the Suffolk County Registry of Deeds with the unit deed, clearing the unit of any lien for other sums then unpaid. On that price, the Suffolk deed excise of $2.28 per $500 comes to about $5,923.44.
The rest of the seller's paperwork, from lead notices to smoke detector certificates, is covered in what a Back Bay seller prepares.
Condo documents to request with the 6(d)
The certificate tells you what is owed today. It does not tell you what is coming. A Massachusetts real estate attorney's condo buying guide lists what a buyer's attorney should review.
What is a master deed?
The master deed is the recorded document that creates the condominium under c. 183A, s. 8. It describes the land and building, each unit's location, approximate size and rooms, the common areas and each unit's percentage share of them, the permitted uses and any restrictions, how the master deed can be amended, and the name of the trust or other body that manages the condominium. Floor plans verified by a registered architect, engineer or land surveyor are recorded with it.
Governing documents
- Master deed and all amendments
- Declaration of trust and bylaws, plus the rules
- Unit deed and floor plans
- Provisions on Fannie Mae and FHA compliance
Money
- Current and prior-year budgets
- Replacement reserve balance and any reserve study
- Planned or contemplated special assessments
- The master insurance policy
Section 10 of chapter 183A requires every condominium to keep an adequate replacement reserve fund in accounts separate from operating funds. The same guide suggests, as a rule of thumb, a reserve of at least 10% of the annual revenue budget, more for older buildings, and warns that a poorly funded reserve raises the risk of a special assessment.
Meetings and disputes
- Annual and special meeting minutes
- Any pending or threatened litigation
Unit owners and first mortgagees can inspect the master deed, bylaws, minute book and financial records, including reserve statements, insurance policies and contracts, with copies at the requester's expense (c. 183A s. 10). See buying a condo in a Back Bay brownstone for what else to check in the building.
Common 6(d) mistakes
- Ordering it late. Ten business days is about two calendar weeks; a request sent days before closing can delay it.
- Treating 30 days as law. The statute has no expiry; follow what your lender and attorney require.
- Reading it as a building health check. It shows sums assessed against the unit, not repairs the trustees are discussing. Read the minutes.
- Missing the signing authority. A trust's statement that will be recorded must cite where the trustees' authority is recorded.
- Forgetting the other certificates. The 6(d) is separate from the municipal lien certificate for city charges and from the smoke and carbon monoxide certificates Boston requires on sale.
Deed transfer costs in Massachusetts
Transferring a deed in Massachusetts triggers the deed excise under M.G.L. c. 64D. In Suffolk County the Registry states an effective rate of $2.28 per $500 of consideration, or $4.56 per $1,000. Recording a deed or unit deed at the Suffolk Registry costs $155, and a municipal lien certificate $80. Title, attorney and lender costs are covered in Massachusetts closing costs.
This page explains how the law works; it is not legal advice. Confirm your own 6(d) timing, fee and lender requirements with a Massachusetts real estate attorney.
Frequently asked questions
How do I get a 6D certificate in Massachusetts?
Send a written request to the condominium trust or its management company, usually through the seller's side or the closing attorney. Under M.G.L. c. 183A s. 6(d), the association must furnish the statement within ten business days of the written request, on payment of a reasonable fee. Request it as soon as the purchase and sale agreement is signed.
Who pays for a 6D certificate in Massachusetts?
The statute does not say; it allows only a reasonable fee. In practice, according to one practitioner's blog, the seller pays, typically $50 to $200 depending on the management company and any rush fee. Your purchase and sale agreement and closing attorney set the arrangement in your sale.
How long is a 6D certificate good for in Massachusetts?
Section 6(d) sets no expiration date and no deadline to record the certificate; it takes effect when recorded. A 30-day rule of thumb comes from lenders or practice, not the law. Ask your closing attorney how recent your lender needs it to be, and order it early enough to meet the ten-business-day turnaround.
How much does it cost to transfer a deed in Massachusetts?
The main cost is the deed excise under M.G.L. c. 64D. In Suffolk County, which includes Boston, the effective rate is $2.28 per $500, or $4.56 per $1,000, so about $5,923.44 on a $1,298,982 sale. Recording a deed at the Suffolk Registry costs $155. Attorney, title and lender fees are separate.
Can you transfer a deed without an attorney?
The Registry records a properly prepared deed with the excise paid, but Massachusetts closings are normally handled by attorneys, and a lender will require one for a financed purchase. For a condo, the attorney also obtains and records the 6(d) certificate. Ask a Massachusetts real estate attorney before preparing or recording a deed yourself.
Who pays real estate transfer tax in MA?
The deed excise statute, M.G.L. c. 64D, sets the rate but the purchase and sale agreement sets who pays, so check yours with your attorney. Boston has proposed a separate transfer fee of up to 2% above $2 million paid by sellers, but as of October 2026 it was still a bill in committee, not law.
How much are condo fees in Boston?
No official source publishes average Boston condo fees; each association sets its own budget. The 6(d) certificate shows whether the unit's fees are paid up, and the budget shows the monthly charge and how much goes to the replacement reserve that Massachusetts law requires. Ask the trust for the current fee and any planned special assessment.
How long do deed restrictions last in Massachusetts?
Under M.G.L. c. 184, s. 23, a condition or restriction that is unlimited as to time lasts 30 years from the date of the deed or other instrument. The section does not apply to restrictions in a deed, grant or gift of the Commonwealth, and many of Back Bay's original building restrictions came from Commonwealth deeds. Whether a particular restriction still binds a property is a question for a Massachusetts real estate attorney.
What happens after 50 years of a condominium?
Nothing automatic. Chapter 183A sets no age limit for a condominium. Removing a property from the condominium law requires a recorded instrument signed by 75% of the unit owners, or more if the bylaws require it, plus the recorded consent of every lienholder on the affected units (c. 183A, s. 19). The owners then hold the property in common, in proportion to their shares of the common areas.
Sources
- malegislature.gov: M.G.L. c. 183A, Section 6
- malegislature.gov: M.G.L. c. 183A, Section 10
- Massachusetts Real Estate Law Blog: Massachusetts condominium lien (tag archive)
- Vetstein Law Group (Massachusetts Real Estate Law Blog): Condominium Buying Guide
- ActiveRain: What is a 6D certificate in Massachusetts
- Massachusetts Legislature: M.G.L. c. 64D, s. 1
- Suffolk County Registry of Deeds: Excise tax calculator
- Suffolk County Registry of Deeds: Fees & forms of payment
- Boston Fire Department, Fire Prevention: Smoke and carbon monoxide detector inspections
- Massachusetts Legislature: Bill H.5464 (194th General Court)
- Zillow Home Value Index (ZHVI), August 2026, via tools/data/backbay.json
- malegislature.gov: M.G.L. c. 183A, Section 8
- malegislature.gov: M.G.L. c. 183A, Section 19
- malegislature.gov: M.G.L. c. 184, Section 23
- Back Bay Houses: Back Bay Deed Restrictions
- Nislick: The 6(d) certificate in Massachusetts condominiums
- Sherwood: 6D certificates explained
