It can be annoying when people don't pay their bills on time, but for condo associations, especially smaller ones, it can place a burden on the association. Massachusetts enacted the Massachusetts Condominium Act, General Laws, Chapter 183A, to help protect and help condo associations collect their late fees.
The law provides that a super lien can be place on the property, by the condominium association, if the association fees are not paid. The reason it is a super lien is because it is given number one priority, if the property is sold or foreclosed. It is given priority over the mortgage and it cannot be discharged in bankruptcy because of it’s statutory nature.
The thing about the super lien, is that condo associations can collect only up to six (6) months of late fees plus attorney fees. So as soon as a person is 60 days past due on their condo fees, a 60-day and then 30-notice need to be sent to the person who owns the condo and the bank. The lender will normally pay the late fees in order to keep their priority. If they do not, then after the 60-day and 30-day notice are sent, a suit can be filed in court, therefore perfecting the lien.
Again, because you can only collect six months of late fees, it is important to file right away. Please call our office if you need assistance collecting late condo association fees.