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Buying a condo in Massachusetts? Before you sign on the dotted line, it’s important to understand exactly what you’re buying.
Unlike purchasing a single-family home, buying a condo means sharing certain expenses and responsibilities with other owners. From monthly condo fees to pet restrictions and unexpected repairs, the condominium documents can tell you a lot about your future home.
Here are the most important documents to review before purchasing a condo in Massachusetts.
Master Deed: What Do You Actually Own?
The master deed explains how the condominium property is divided between individual units and shared spaces.
It can help answer questions like:
- Does your unit include a parking space or storage area?
- Is your deck or patio privately owned or a shared area?
- What parts of the property are your responsibility?
- What percentage interest do you own in the common areas and facilities?
Understanding these details before closing can help prevent surprises later.
Bylaws and Rules: What Are You Allowed to Do?
Every condominium association has governing documents that explain how the property is managed and what rules owners must follow.
Some common restrictions involve:
- Pets: Are dogs allowed? Are there size or breed restrictions?
- Rentals: Can you rent your unit or use it as a short-term rental?
- Renovations: Do you need approval before making changes?
- Parking: Are spaces assigned, deeded, or shared?
Don’t assume that something is permitted just because other residents are doing it. Review the actual rules before purchasing.
Financial Documents: Is the Association Financially Healthy?
When buying a condo, you’re not just purchasing a home. You’re also joining an association that collects fees and pays for shared expenses.
Ask to review the association’s current budget, available financial statements, and reserve fund information.
These documents can help you understand whether the association has money set aside for future expenses.
For example, if the building needs a new roof but has very little money in reserves, owners may be asked to contribute additional funds.
A low monthly condo fee isn’t always a good thing if the association isn’t saving enough for future repairs.
Special Assessments: Could You Face an Unexpected Bill?
A special assessment is an additional charge that a condominium association may impose to cover certain expenses.
For example, if a building needs a $100,000 roof replacement and doesn’t have enough money saved, owners may have to contribute toward the cost.
Before buying, ask whether any special assessments have been approved, proposed, or discussed.
You should also find out whether the seller has already paid any existing assessments and who will be responsible for future payments.
Insurance and Meeting Minutes: What Else Should You Know?
Two other important items to request are the association’s master insurance information and recent meeting minutes.
Master insurance policy: This can help you understand what the association insures and what additional coverage you may need for your individual unit.
Meeting minutes: These may reveal upcoming repairs, financial concerns, rule changes, or discussions about special assessments.
Together, these documents can give you a clearer picture of what is happening behind the scenes.
What Is a 6(d) Certificate in Massachusetts?
You may hear your attorney mention a 6(d) certificate during the closing process.
A 6(d) certificate is a statement from the condominium association addressing unpaid common expenses and other assessed amounts associated with a particular unit.
It is governed by Massachusetts General Laws Chapter 183A, Section 6(d), and is an important part of Massachusetts condominium closings.
However, a 6(d) certificate does not tell you everything about the association’s overall financial health. That’s why reviewing the other condominium documents is still important.
When Should You Review Condo Documents?
The earlier, the better!
Ideally, buyers should request and review important condominium documents before signing a binding Purchase and Sale Agreement or before any applicable document review deadline.
Discovering an unexpected rental restriction, financial problem, or special assessment right before closing can create unnecessary stress.
Your real estate attorney can help you understand the documents and identify potential concerns before you move forward.
Frequently Asked Questions
Are condo documents required when buying a condo in Massachusetts?
Massachusetts law establishes certain condominium recordkeeping requirements, but not every document must automatically be delivered to a prospective buyer. Buyers should request relevant documents early and discuss their contractual rights with their attorney.
Can a Massachusetts condo association charge special assessments?
Yes. Depending on the governing documents and applicable law, associations may impose additional assessments for certain expenses, including major repairs.
Should an attorney review condo documents before purchasing?
Having a Massachusetts real estate attorney review the governing documents can help you understand ownership rights, restrictions, and potential legal concerns. Financial or structural issues may also require other qualified professionals.
Buying a Condo in Massachusetts? Sherman Law Can Help.
Whether you’re purchasing a Boston condominium, a townhouse on the South Shore, or a condo elsewhere in Massachusetts, understanding the documents before closing can help you make a more informed decision.
At Sherman Law, our attorneys assist Massachusetts homebuyers with Purchase and Sale Agreements, title matters, and residential real estate closings.
With offices in Hingham, Boston, Plymouth, and Dartmouth, we’re here to help you navigate the legal side of your purchase.
Meet Our Attorneys to learn how we can assist with your condominium purchase.
About the Author
Attorney Timothy A. Sherman is a Massachusetts real estate attorney with more than 20 years of experience helping buyers, sellers, and lenders navigate real estate transactions. As the founder of Sherman Law, Tim and his team assist clients throughout Massachusetts, with offices in Hingham, Boston, Plymouth, and Dartmouth.
Contact Attorney Sherman:
Phone: 781-664-4936
Email: [email protected]
