Insights from local experts and executives The Region this issue: [40] Massachusetts [42] Maine [44] New Hampshire [46] Rhode Island MASSACHUSETTS Massachusetts' Maximizing Priority Lien The Importance of Payments and Directives [By Joseph D. Saurino, Esq.] Numerous articles have been penned over the years about Massachusetts' so-called " priority lien " for unpaid common expenses. However, one unique issue seems to keep rearing its head in this area of the law: How best to maximize the priority portion of an association's lien when a unit owner and/or mortgagee makes periodic payments toward a delinquent account? As is well known by now, Massachusetts condominium associations have a statutory lien for unpaid common charges against a unit that has priority over any other liens except for: (i) liens recorded prior to the date that the master deed was recorded, (ii) liens for unpaid municipal taxes and charges against a unit; and (iii) a first mortgage recorded against a unit prior to the delinquency. But the statute goes on to provide an important qualification to the first mortgagee exception in category (iii) above, commonly referred to as the " priority lien. " The " priority lien " concept under the statute is quantified to make certain specified categories of unpaid common charges have payment priority over even a first mortgage recorded against a unit. 40 CONDOMEDIA July 2022