When you buy a condo in Massachusetts you get two things: your unit, and an undivided percentage interest in the building’s common areas (the roof, structure, land, hallways, systems). Both are governed by state law, Massachusetts General Laws Chapter 183A, and by the building’s own recorded documents. That means the condition and finances of the whole building matter as much as the kitchen you fell for. The work happens mostly between your accepted offer and your Purchase and Sale agreement, when you and your attorney read the condo documents and ask the hard questions.
At a glance
- Governing law
- Chapter 183A
- Plus the building’s own recorded documents
- Replacement reserve
- Required
- Held separate from operating money (c.183A, §10)
- 6(d) certificate
- Ten business days
- From a written request
- Fannie Mae reserves
- At least 10%
- Of the budget, under full review
- Full project review
- Waived
- For units in two- to four-unit condo projects
- Inspection waiver
- Can't be required
- 760 CMR 74.00, condo units in buildings of any size
How condo ownership works in Massachusetts
Under Chapter 183A, a condominium is created when the owner records a master deed. The master deed describes the land and buildings, each unit’s location and approximate area, the common areas, each unit’s percentage interest, and what the buildings and units may be used for. It also names the organization of unit owners (in Massachusetts, often a condominium trust) and its bylaws.
The bylaws cover how maintenance and repairs get done and paid for, how fees are collected, whether a manager can be hired, how rules are adopted, and the restrictions on how units and common areas are used. The trustees or board then adopt rules and regulations for day-to-day matters.
Common areas, as the statute defines them, include the foundations, walls and roofs, central heating, water and electrical systems, and the land. Your percentage interest usually determines your share of the costs. So in a three-unit building where you own 38%, you pay 38% of the budget and 38% of any special assessment.
Condo fees, budgets and reserves
Your monthly condo fee is your share of the common expenses, which the law defines as the costs of administering, maintaining, repairing and replacing the common areas. Assessments must be based on a budget adopted at least once a year.
Massachusetts requires every condominium to keep “an adequate replacement reserve fund,” collected through the fees and held in an account separate from operating money (c.183A, §10). The law doesn’t set a dollar figure, so “adequate” varies a lot from building to building. When you read the budget, check:
When you read the budget, check
- What’s included. Heat and hot water, water and sewer, the master insurance policy, management, landscaping, snow removal, elevator service. A higher fee that includes heat isn’t the same thing as a higher fee that doesn’t.
- How much goes to reserves each year, and the current reserve balance.
- Whether a reserve study exists. If it does, see what major items (roof, masonry, windows, boiler, elevator) are coming up and whether the reserves match.
- Delinquencies. Ask how many owners are behind. Lenders ask this too.
Special assessments
When reserves can’t cover a big project, the association can levy a special assessment on each owner according to their percentage. In older Boston buildings, the usual triggers are roofs, masonry repointing, rear porches and decks, and heating systems.
The 6(d) certificate
The 6(d) is specific to Massachusetts and comes up at every condo closing.
In practice, the seller’s side requests the 6(d) ahead of closing. Ask for it early, because self-managed associations sometimes take a while to respond.
Master insurance vs. an HO-6 policy
The association insures the building and common areas under a master policy. The law lets it carry that insurance in its own name “without prejudice to the right of each unit owner to insure his own unit.” The Massachusetts Division of Insurance explains that you need coverage for whatever the master policy doesn’t cover, usually through a condominium unit owners form (HO-6). Many bylaws make the owner responsible for items inside the unit such as fixtures and improvements. The Division also notes that many associations can assess owners for costs tied to a loss under the master policy, and that an HO-6 may cover those assessments.
Questions to ask
- Is the master policy “bare walls” or does it cover original interior finishes?
- What is the master policy deductible, and do the bylaws or rules pass it to the owner whose unit caused or suffered the loss?
- Does the association carry liability and, for buildings of more than ten units, the fidelity coverage that §10 requires (at least one-fourth of the annual assessments, not counting special assessments)?
Give the master policy certificate to your insurance agent so they can size your HO-6 to fill the gaps.
Warrantability: will the building work with your loan?
With a condo, your lender reviews the project as well as you. For conventional loans, Fannie Mae’s Selling Guide (version dated August 5, 2026) waives full project review for units in two- to four-unit condo projects, and in five- to ten-unit projects that aren’t part of a larger development or master association. That covers many converted rowhouses and triple-deckers. Insurance and some other requirements still apply (B4-2.1-02).
Larger buildings go through a project review. Some of the standards in the current guide:
| Fannie Mae standard | What it says |
|---|---|
| Replacement reserves (full review) | Budget sets aside at least 10% for replacement reserves |
| Delinquencies (full review) | No more than 15% of units 60+ days past due on common charges |
| Commercial space | No more than 35% of the project or building |
| Single-entity ownership | Ineligible if one entity owns more than 2 units in an 11–20 unit project (or a 5–10 unit project within a master association), or more than 20% of units in a 21+ unit project |
| Critical repairs | Ineligible with unfunded repairs over $10,000 per unit needed within 12 months |
| Litigation | Pending litigation about the project’s structural soundness, habitability or functional use can make it ineligible |
Sources: B4-2.2-01 and B4-2.1-03.
Small self-managed associations vs. large buildings
Many Boston condos are in small conversions of rowhouses, brownstones and triple-deckers, in places like the South End, South Boston, Dorchester and Jamaica Plain. Associations this size are often run by the owners themselves. You’ll also find larger, professionally managed buildings, for example downtown and in the Seaport.
Small, self-managed buildings: Fees can be lower, but a single roof replacement split three ways adds up quickly. Records may be informal. Ask whether there’s a separate reserve account, a written budget, a master policy in the association’s name, and minutes. If the “association” is really neighbors splitting bills as they come, plan for that. You’ll also likely become a trustee, since there are only a few owners.
Large, managed buildings: Expect a formal budget, audited or reviewed financials, a management company and detailed rules. Fees often cover more (staff, elevators, amenities). Read the minutes for big capital projects, and the rules for move-in fees, renovation approvals and leasing limits.
Pets, rentals and use restrictions
Restrictions can live in the master deed, the bylaws or the rules, so read all three. Look for:
Restrictions to look for
- Pet rules: number, size or type limits, and registration requirements.
- Leasing rules: minimum lease terms, caps on the number of rented units, owner-occupancy periods before renting, short-term rental bans, and lease registration. If you might rent the unit later, this matters.
- Renovation rules: approvals for flooring (sound transmission), plumbing and electrical work, and work hours.
- Common area use: roof decks, yards, bike and storage rooms, grills.
Parking: deeded, assigned or leased
In Boston, parking can change a condo’s value considerably, so get the details in writing. A space might be:
- Deeded as its own unit, with its own percentage interest and fees, conveyed by deed.
- A limited common area or exclusive easement in the master deed, tied to your unit.
- Leased or licensed from the association or a third party, which may end or be renegotiated.
- Informal, like “everyone just parks in the back.” That isn’t a right you’re buying.
Your attorney should confirm how the space is created and how it transfers to you.
Documents to request
Condo documents to request
- Master deed, declaration of trust and bylaws, with all recorded amendments
- Rules and regulations
- Current budget and the prior year’s actual income and expenses
- Recent bank statements for operating and reserve accounts
- Reserve study, if any
- Master insurance certificate (property, liability, fidelity)
- Minutes from the last 12 to 24 months
- Any notice of special assessments, litigation or major planned work
- The lender’s condo questionnaire, completed by the trustees or manager
- The 6(d) certificate, ahead of closing
The association must keep these records, including the replacement reserve and insurance records, in Massachusetts and make them available to owners (§10). As a buyer you’ll usually get them through the seller.
Other Massachusetts specifics
- Two-stage contract. Most Boston purchases start with a signed offer and move to a Purchase and Sale agreement. See making an offer in Massachusetts.
- Home inspection rights. Under 760 CMR 74.00, for transactions executed on or after October 15, 2025, sellers can’t condition acceptance on your waiving an inspection, and the rule covers condo units in buildings of any size.
- Lead paint. For units built before 1978, the seller must give you the Property Transfer Lead Paint Notification before you sign the P&S.
- Closing costs. Budget for attorney, title and lender costs. See closing costs in Massachusetts.
This guide is general information, not legal or lending advice. Your real estate attorney should review the condo documents and the P&S, and your lender should confirm the building is eligible for your loan.
If you’re starting a condo search, The Pettengill Group can help you read a building’s documents with a critical eye. Start your search or get in touch. New to buying here? Start with the first-time home buyer guide.