Homeowners' Association (HOA) Super Liens

Homeowners who live in a community with a homeowners' association (HOA) typically have to pay HOA fees and special assessments. If you fail to pay those fees and assessments, the unpaid HOA dues become a lien on the property and they might even be a "super lien" on your home. In some states, a super lien can take priority over even your mortgage.

HOA super liens can have a serious impact on homeowners because they give the HOA a powerful legal right against the property. Specifically, a super lien gives the HOA priority in a foreclosure.

This article explains the basics of HOA super liens, why they matter to homeowners, and what steps you can take to avoid potential risks and safeguard your most valuable asset: your home.

How HOA Liens Work

If you don't pay the fees and special assessments that your HOA imposes, in most cases, a lien will automatically attach to your property. The lien will typically attach to the home as of:

• the date the HOA recorded its Declaration of Covenants, Conditions, and Restrictions (CC&Rs) in the land records
• the date the fees and assessments became due, or
• when the HOA recorded a notice of lien in the land records.

In some states, the lien has to be recorded to be effective. Once the lien is on the property, the HOA has the right to foreclose.

How Lien Priority Generally Works

A lien's priority is important because it determines how much the lien holder (the creditor) gets from a foreclosure sale. A prior lien has more rights. So, a first lien has the highest priority and gets first crack at the sale proceeds. If any sale proceeds are left after the first lien is paid in full, the excess proceeds go to the second lien—like a second-mortgage lender or judgment creditor—until that lien is paid off, and so on. Liens with low priority might receive nothing from a foreclosure sale. The matter of priority is also important because if a senior lienholder forecloses, it wipes out any junior liens even if those junior liens don't get paid in full (or at all) after a foreclosure sale.

Generally, priority is determined by a lien's recording date. The general rule is "first in time, first in right." For example, a mortgage's priority is generally determined by its recording date. Some liens, however, like property tax liens, have automatic priority over essentially all other liens.

In many states, the priority of an HOA lien is determined by the CC&Rs' recording date or when the assessments were due. Also, the association's CC&Rs might contain a provision stating that any HOA lien is subordinate to a first mortgage, even if the mortgage was recorded after the HOA lien was perfected. State law might also determine the priority of an HOA lien. So, HOA liens are often junior to first-mortgage liens. But in some states, an HOA lien gets "super-lien" status, making it superior to a first-mortgage lien.

What Is an HOA Super Lien?

A "super lien" is a category of lien that, under a state statute, is given a higher priority than other types of liens. When it comes to HOA liens, a "super lien" refers to that portion of an HOA lien that's given higher priority than even a first-mortgage holder, placing the HOA's interest in front of the first mortgage. This means the HOA has the ability to foreclose on the home ahead of the lender. The priority status of an HOA super lien makes it very powerful compared to other creditors.

How Does an HOA Super Lien Affect Homeowners?

An HOA super lien creates a financial risk for homeowners because an unsolved lien can be foreclosed, leading to the loss of the property, even if you're current on your mortgage payments. HOA super liens can also complicate the refinancing or sale of the home. You won't qualify for a refinance loan or be able to close on the sale of your home if there is an HOA lien on the property.

Which States Allow HOA Super Liens?

Approximately 20 states have laws that give HOA liens or, in some cases, condominium association (COA) liens super-lien status under certain circumstances.

Super priority lien statutes vary from state to state. In Colorado, for example, HOAs have a super lien that has priority over a first deed of trust to the extent of six months' worth of common expense assessments that would have become due before a foreclosure. (Colo. Rev. Stat. § 38-33.3-316 (2025).) In Nevada, nine months of assessments have super-lien status. (Nev. Rev. Stat. § 116.3116 (2025).)

Why Do States Allow HOA Super Liens?

A common justification for giving super-lien status to HOA liens is that HOAs help preserve the community's value. It's been argued that neighborhoods suffer from deferred maintenance and other problems if their fees remain unpaid. Super liens help ensure that HOAs receive the funds needed to maintain their community.

What Happens to a Super Lien in a Foreclosure?

What happens to a regular HOA lien, an HOA super lien, or a mortgage lien in a foreclosure depends on who is doing the foreclosing: the mortgage lender or the HOA. Either way, however, the homeowner loses the property.

What Happens When a First-Mortgage Lender Forecloses?

If there is an HOA super lien on the property and the homeowner stops making mortgage payments, the mortgage lender may foreclose. In this situation, the foreclosure is subject to the super lien, which means the HOA gets repaid first out of the foreclosure sale proceeds, up to the allowable amount of the super lien, usually a certain number of months of overdue assessments. Then, any additional sale funds go toward paying off the first mortgage holder. If the foreclosure sale generates excess proceeds over what's needed to pay off the super lien and the first mortgage, any junior lienholders get those funds. After all the liens are paid off, any leftover money goes to the foreclosed homeowner.

Generally, if the first mortgage lender forecloses but the property isn't in a super-lien state, an HOA lien gets extinguished in the lender's foreclosure. Again, if the foreclosure sale generates excess proceeds over what's needed to pay off the first mortgage, any junior lienholders, like the HOA, get those funds. After all the liens are paid off, any leftover money goes to the foreclosed homeowner.

Once the foreclosure sale has been completed and all redemption periods have expired, the purchaser at the foreclosure sale is responsible for paying current and future HOA assessments.

What Happens When an HOA Forecloses Its Super Lien?

If the HOA forecloses a super lien, it might (depending on state law) eliminate a first mortgage. In that situation, you could lose your home and still be on the hook for what you owe the mortgage lender.

Also, when a lender gets notice that an HOA has initiated a foreclosure in a super-lien state, in most cases, the lender will pay off the super-lien amount to preserve its position as the first-lien holder. The lender then tacks the amount it paid onto the borrower's total mortgage debt and seeks reimbursement from the borrower. If the borrower fails to reimburse the lender, the lender might foreclose.

How Homeowners Can Protect Themselves Against HOA Liens

You can protect yourself from an HOA lien by staying current on your dues and assessments. Be sure to review any communications the HOA sends you about amounts due. If you can't afford the amounts due, contact the HOA to see if you can arrange a payment plan or get more time to pay.

Also, you should become familiar with the HOA lien and foreclosure laws in your state and read your community's CC&Rs to make sure you fully understand your contractual obligations and potential enforcement measures for unpaid dues and assessments.

If your HOA has already filed a lien against you, consider talking to an attorney who can tell you about any possible defenses, help you negotiate a settlement with the HOA or explore other relief options, inform you about ways to avoid foreclosure, and assist you in protecting your property rights.

Talk to a Lawyer If You're Facing Foreclosure

If you're facing a foreclosure because of unpaid HOA fees and assessments, consider talking to a local foreclosure lawyer.