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How does the signing of a 6D certificate work?

Posted on Thu, Aug 16, 2012 @ 08:20 AM
  
  
  
  

Our HOA is requested to "pre-sign" the 6D document stating that a unit is paid up on HOA fees and assessment prior to a closing on that unit, in order to allow the closing to occur. Meanwhile the HOA would not in fact be paid until after that closing with proceeds from that closing. What is our recourse if the HOA is not paid in full after this closing?

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As Treasurer of our condo, I will not sign any 6-A's unless, in fact, it is true that no funds are due to the condo trust. 
 
 
 
The only simple recourse is to let the new owner know that $xxx have not been paid and they, the new owners, are responsible. Let them argueit out with the broker and or prevous owner.

posted @ Thursday, August 16, 2012 8:33 AM by Frank - MA


I would just show the amount needed to pay up to date which should be done as part of the closing. Terry

posted @ Thursday, August 16, 2012 8:35 AM by Terry


Contact the loan closing attorney, require to have confirmation in writing from them that the outstanding will be included on the HUD /RESPA closing cost document stating that the fees will be brought up to date with any outstanding late fees, etc. Upon receipt of the atty confimation send the 6D directly to the atty. who is held responsible for making sure the assoc. is paid in full.

posted @ Thursday, August 16, 2012 8:39 AM by Mgr in MA


While a "clean" 6D certificate indicates that all condo fees are paid as of a specified date, the condo association can also issue a "dirty" 6D certificate indicating which fees are still outstanding as of the specified date. If they tell you they are closing on August 31st but have not yet paid August's condo fee (e.g. because the buyer said they would pay it), the 6D would indicate that Condo fees are paid through July 31st and the August condo fee of $x is still outstanding. That way everyone knows where the account stands and the condo association is protected.

posted @ Thursday, August 16, 2012 8:43 AM by Laura Varney


Unpaid fees constitute a super lien against the unit, therefore, title insurance cannot be obtained and a lender will not close on a transaction without the 'clean' 6D which is recorded at the Registry off Deeds along with the mortgage and deed to the property.

posted @ Thursday, August 16, 2012 8:44 AM by Mgr in MA


Simply condition your waiver of the right of first refusal on the payment in full of all outstanding common charges at closing.

posted @ Saturday, August 18, 2012 8:32 AM by howard


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