Lowell condo associations may levy common area assessments under MGL c.183A, with a super-priority lien for up to 6 months of unpaid common charges that takes priority over a first mortgage.
Condominium associations in Lowell levy monthly common area assessments (condo fees) based on each unit's percentage interest as stated in the master deed. Under MGL c.183A s.6, unpaid assessments become a lien on the unit, and up to 6 months of unpaid common charges (plus reasonable attorney fees) have priority over a first mortgage under the Massachusetts super-priority statute, a powerful collection tool. Special assessments for major repairs must be authorized per bylaws, often requiring a vote of unit owners above a threshold amount. Boards must prepare an annual budget and distribute it to unit owners with reasonable notice before assessments are due. Late fees, interest, and collection costs are collectible if authorized by bylaws. Unit owners cannot withhold assessments to protest maintenance or management issues; courts consistently enforce the obligation to pay while other disputes are resolved.
Contact your local code enforcement office for specific penalty information.
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