Selling a Condo in Massachusetts (2026)

Q: What is the Massachusetts condo super-lien?

Under MGL Chapter 183A §6, a Massachusetts condominium association has a 'super-lien' for up to 6 months of unpaid common expenses. This super-lien has priority over a first mortgage, meaning the association can collect up to 6 months of common charges even ahead of the mortgage lender in foreclosure. At a sale closing, unpaid condo fees (up to 6 months) must be paid from sale proceeds before the seller receives the balance.

Q: Does a Massachusetts condo need FHA approval to sell?

The condo complex doesn't need FHA approval for the seller to sell — but FHA buyers can't purchase in a non-approved project. If your buyer needs FHA financing and the complex is not FHA-approved, they cannot close. The buyer would need to seek Spot Approval (for individual units in non-approved projects) or switch to conventional financing. Cash buyers don't need FHA approval — they close in any complex.

Massachusetts Condo-Specific Rules That Affect Sales

HOA super-lien (MGL Ch. 183A §6): Up to 6 months unpaid common expenses are super-priority at closing — paid before the mortgage lender. Unpaid fees are deducted from sale proceeds.
Right of first refusal: Many MA condo documents require the seller to offer each unit owner the right to purchase at the agreed price before completing an outside sale. This adds time but can't be skipped.
FHA project approval: FHA buyers can only close in FHA-approved complexes. Non-approved buildings require Spot Approval (30+ days) or conventional financing — shrinking your buyer pool.
HOA litigation: FHA and most conventional lenders will not approve a loan in a complex where the HOA has pending litigation. Active lawsuits can block most financed buyers entirely.
Special assessments: Must be disclosed; large upcoming or unpaid assessments reduce net proceeds and may concern financed buyers.
Owner-occupancy rate: FHA requires 50%+ owner-occupancy. Heavily investor-owned complexes are often FHA-ineligible.

Common Condo Sale Complications — Financed Buyer vs. Cash Buyer

Issue	Financed Buyer	Cash Buyer
Non-FHA-approved complex	FHA buyers cannot close without Spot Approval; Spot Approval adds 30+ days if available at all	Cash buyer closes in any complex — no FHA approval needed
Condo association pending litigation	FHA and most conventional lenders will not approve a project with active litigation involving the HOA	Cash buyer closes regardless of HOA litigation status
Unpaid HOA dues / super-lien	Closing attorney pays up to 6 months unpaid common expenses from proceeds at closing (MGL Ch. 183A §6)	Same — super-lien paid from proceeds; cash buyer closes faster
Special assessment disclosed	Lender requires full disclosure; if assessment is large or ongoing, may affect appraised value or loan approval	Cash buyer evaluates net proceeds — no lender appraisal issues
Right of first refusal in condo docs	Right of first refusal must be offered to all unit owners before completing outside sale; adds timeline	Same legal process — but cash buyer's ability to close quickly is maintained after ROFR period passes
Low owner-occupancy rate	FHA requires 50%+ owner-occupancy in a complex; conventional may require similar — investor-heavy buildings block financing	Cash buyer closes regardless of investor concentration

We Buy Massachusetts Condos — Any Complex

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Frequently Asked Questions

What is the Massachusetts condo super-lien?

Under MGL Chapter 183A §6, a Massachusetts condo association has a super-lien for up to 6 months of unpaid common expenses. At closing, this amount is deducted from sale proceeds and paid to the association before the mortgage lender receives anything.

Does a Massachusetts condo need FHA approval to sell?

The building doesn't need FHA approval for the seller to sell — but FHA buyers can't purchase without it. Cash buyers close in any building with no FHA approval needed.

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