6D Explained
6D Certificate Explained
A 6D certificate is a document from a condominium association stating what, if anything, a unit owner owes the association — regular common-expense fees and any special assessments — as of the sale.
It takes its name from M.G.L. c. 183A § 6(d), the section of the Massachusetts condominium statute that gives it force. Under that section, a certificate stating that no common expenses remain unpaid discharges the association’s lien on the unit. That mechanism is worth understanding, because it explains why the certificate matters rather than simply asserting that it does.
Why virtually every closing needs one
The association holds a lien on the unit for unpaid common expenses. Without a 6D discharging it, that lien can follow the unit to the new owner — meaning a buyer could inherit the previous owner’s arrears.
No lender will finance a purchase in that condition, and no title insurer will write a clean policy over it. So in practice the certificate is required at essentially every condo closing in Massachusetts, even though the statute frames it as the means of discharging a lien rather than as a precondition to conveying the unit.
That distinction matters in exactly one situation: when the certificate is not ready in time.
When it isn’t ready
Closings do sometimes proceed without a 6D in hand. The usual approach is an escrow holdback — the closing attorney holds back enough to cover the unknown or disputed amount until the association issues the certificate, then releases it once the position is clear.
Less commonly, a buyer may agree to take the unit subject to the lien, normally with a price adjustment. That is a decision for the buyer’s attorney, not a routine option.
None of this makes the certificate optional. It means “the closing cannot happen” is the wrong way to think about it. The accurate version is that somebody has to carry the risk, and the parties have to agree in writing who.
The ten-day rule
Under § 6(d), the association must furnish the certificate within 10 business days of a written request. That is a real statutory deadline, and it is the reason to request early rather than in the week of closing.
Requests go to the association or its management company and are ordinarily the seller’s responsibility. Associations commonly charge a fee to prepare it.
Where the certificate shows an unpaid balance, that balance is typically paid from the seller’s proceeds at closing — which is how the lien gets cleared in the ordinary course.
What the certificate does not tell you
A 6D speaks to money owed as of its date. It is not a statement about the association’s overall financial health, its reserves, pending litigation, or an assessment that has been discussed but not yet levied.
For those, read the association’s budget, its reserve study, and recent meeting minutes alongside the master deed. A unit with a clean 6D can still sit in a building facing a large assessment next year.
FAQ
What is a 6D certificate?
A document from a condominium association stating what the unit owner owes in common-expense fees and special assessments as of the sale. Under M.G.L. c. 183A § 6(d), a certificate showing nothing unpaid discharges the association’s lien on the unit.
Can the closing occur without the 6D certificate?
In practice, almost never — a lender will not finance and a title insurer will not write a clean policy while the association’s lien remains undischarged. But the statute does not make the certificate a precondition to conveying the unit. When one isn’t ready in time, closings sometimes proceed using an escrow holdback that covers the unknown amount and is released once the certificate issues.
Why is the 6D certificate important for buyers?
Because the association’s lien for unpaid common expenses can follow the unit. Without a certificate discharging it, a buyer can end up responsible for the previous owner’s arrears.
How long does it take to get a 6D certificate?
The association must furnish it within 10 business days of a written request, under M.G.L. c. 183A § 6(d). Request it early — that deadline is a maximum, not a target, and associations commonly charge a preparation fee.
Who is responsible for obtaining the 6D certificate?
Ordinarily the seller, who requests it from the association or its management company. Any unpaid balance it shows is typically paid from the seller’s proceeds at closing.
What happens if the 6D shows money is owed?
The balance is normally paid out of the seller’s proceeds at closing, which clears the lien. What matters is that it surfaces before closing rather than afterward.
What information does a 6D certificate confirm?
It confirms what the unit owes the association as of its date — regular common-expense fees and any special assessments already levied. A certificate showing nothing unpaid is what discharges the association’s lien.
Does a clean 6D mean the condo association is financially healthy?
No. It speaks only to what this unit owes as of its date. It says nothing about reserves, pending litigation, or an assessment under discussion but not yet levied — read the budget, reserve study, and recent minutes for that.
Informational only, not legal advice. Confirm how these rules apply to your transaction with your closing attorney.