Superpriority Condo Fee Liens in Massachusetts

08 Oct Superpriority Condo Fee Liens in Massachusetts

Here in Massachusetts, a condo association has a lien for unpaid condo fees.  M.G.L. c. 183A, § 6(c). This lien is a superpriorty lien in that it has priority over all other liens except municipal liens.  Since 1993, a condo fee lien even has had priority over a previously recorded first mortgage up to the amount of the regular common charges for the six months ending on the date of filing suit, plus reasonable attorney’s fees and costs.  Under the Bankruptcy Code, the condo fee lien is statutory, not a judicial lien. See In re Stern, 44 B.R. 15 (Bkrtcy.D.Mass.1984).  Therefore, such a lien can not be avoided in bankruptcy.

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