A Massachusetts condominium unit is being sold. Which document is commonly required at closing to establish whether condominium common-expense charges are outstanding?
The correct answer is A, the 6(d) certificate. In Massachusetts condominium practice, the certificate associated with M.G.L. c.183A §6(d) is used to establish the status of common-expense obligations relating to a condominium unit.
Condominium associations have statutory lien rights for unpaid common expenses. Consequently, closing attorneys and title professionals need evidence regarding whether amounts are outstanding before issuing title protection or completing the transfer.
The certificate is therefore an important Massachusetts-specific condominium closing document.
It should not be confused with Title 5, which concerns on-site sewage disposal systems, or with a homestead declaration, which protects qualifying home equity against specified creditor claims.
The salesperson need not render a legal opinion concerning the association lien but should recognize the role of the 6(d) certificate in a condominium transaction.
Study Guide Reference: Property Ownership/Transfer of Title — Massachusetts Condominiums and 6(d) Certificates.
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