Owed condo fees and selling the condo

[missycat128]

What is the name of your state (only U.S. law)? MA
One of the units owes back fees on his condo and is now in the process of selling the condo. The buyer has asked for a 6D certificate which states that there are no unpaid fees as of (the date). The buyer wants the trustee to sign a certificate and then when the sale goes thru, the association will receive a check for the unpaid balance. I want to know whether or not the association should sign the form and if we will get paid or demand that the fees be paid up before signing the form.

Thank you.What is the name of your state (only U.S. law)? MA

[Stevef]

Originally Posted by missycat128

What is the name of your state (only U.S. law)? MA
One of the units owes back fees on his condo and is now in the process of selling the condo. The buyer has asked for a 6D certificate which states that there are no unpaid fees as of (the date). The buyer wants the trustee to sign a certificate and then when the sale goes thru, the association will receive a check for the unpaid balance. I want to know whether or not the association should sign the form and if we will get paid or demand that the fees be paid up before signing the form.

Thank you.What is the name of your state (only U.S. law)? MA

[url=http://www.mass.gov/legis/laws/mgl/183a-6.htm]M.G.L. - Chapter 183a, Section 6[/url]

Scroll to the bottom. It looks like Section 6(d) refers to unpaid balances. If you wish to forgive the fees, write 0 owed.

It also states "shall be binding on the organization of unit owners".

There is no requirement that I see that the amount due must be listed as zero.

[JETX]

Originally Posted by missycat128

I want to know whether or not the association should sign the form and if we will get paid or demand that the fees be paid up before signing the form.

If you want to get paid, do NOT sign that form. The minute you do, everyone can legally claim that no fees are owed on the property. Make the seller pay the fees BEFORE signing a "paid in full" form.

[HomeGuru]

Originally Posted by missycat128

What is the name of your state (only U.S. law)? MA
One of the units owes back fees on his condo and is now in the process of selling the condo. The buyer has asked for a 6D certificate which states that there are no unpaid fees as of (the date). The buyer wants the trustee to sign a certificate and then when the sale goes thru, the association will receive a check for the unpaid balance. I want to know whether or not the association should sign the form and if we will get paid or demand that the fees be paid up before signing the form.

Thank you.What is the name of your state (only U.S. law)? MA

**A: do not sign the form and instead provide the Seller with an arrearage and demand statement. Copy the Buyer and the closing co.