HOA Super Lien States: Which States Give HOAs Priority Over Your Mortgage

Most homeowners assume their mortgage lender has the highest-priority claim against their property. In over 20 states, that assumption is wrong — and if you fall behind on HOA dues in one of those states, your HOA may be able to foreclose on your home even while your mortgage is current.

Super lien laws are one of the most consequential and least understood aspects of HOA-governed property ownership. Here's how they work, which states have them, and why it matters whether you're a buyer, owner, or investor.

How Lien Priority Normally Works

In standard property law, lien priority follows a "first in time, first in right" rule. The first security interest recorded against the property gets paid first if the property is sold or foreclosed. Since your mortgage lender records their deed of trust when you purchase, they normally sit at the top of the priority stack.

An HOA that records a lien for unpaid assessments records that lien after your mortgage — so in a normal lien priority system, if a forced sale occurred, the mortgage lender would be paid first. Whatever remained would go to the HOA. In practice, if the sale proceeds didn't cover the mortgage, the HOA might get nothing.

Super lien statutes change this equation for a defined portion of the HOA's unpaid assessments.

What a Super Lien Actually Does

A super lien statute grants a specific slice of the HOA's unpaid assessment lien "super priority" status — meaning it jumps ahead of the first mortgage in the payment line. The HOA doesn't need to wait for the bank.

The amount protected by super priority is defined by state law and varies significantly:

• Maryland: Super priority covers up to four months of unpaid assessments or $1,200, whichever is less
• Nevada: Super priority covers up to nine months of unpaid assessments
• Colorado: Super priority covers up to six months
• Connecticut: Up to six months
• Massachusetts: Up to six months of common expense assessments
• Washington: Up to three months plus costs of collection

The super lien doesn't give the HOA priority over the entire delinquent balance — just the defined super priority portion. Everything beyond that amount still sits behind the mortgage in traditional priority.

The mechanism that makes this dangerous is foreclosure. If the HOA initiates a foreclosure proceeding based on even this small super-priority slice, they can, in theory, extinguish the first mortgage entirely if the lender fails to step in and pay off the HOA debt to protect its position.

States with HOA Super Lien Laws

As of 2026, the following jurisdictions have enacted super lien statutes protecting HOA assessment collections:

Alabama, Alaska, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, Pennsylvania, Rhode Island, Washington, West Virginia, and the District of Columbia.

Note: The exact scope of super priority protection varies in each of these states. Some protect only a small number of months' worth of assessments; others are more expansive. Florida's statute applies specifically to condominiums under Chapter 718; single-family HOAs governed by Chapter 720 operate under different (generally less aggressive) rules.

States without super lien laws — including California, Texas, Arizona, and New York — still allow HOA foreclosures for unpaid dues, but the HOA lien sits in standard priority behind the mortgage. In practice, this means HOA foreclosures in non-super-lien states almost always result in the first mortgage surviving the foreclosure unless the property equity substantially exceeds the mortgage balance.

What This Means If You're a Buyer

If you're purchasing in a super lien state, the HOA assessment delinquency status of the property you're buying becomes a title concern — not just a financial one.

A seller who is significantly behind on HOA dues may have an HOA lien on the property. In a super lien state, that lien's priority portion needs to be resolved at closing — typically paid from closing proceeds — or you may be acquiring a property subject to a lien that holds priority over your new mortgage.

Your title company should identify recorded HOA liens during the title search. But it's worth asking your title officer directly: "Are there any HOA assessment liens recorded, and what is their super lien priority status in this state?"

For investors purchasing distressed properties: If you're buying a property at foreclosure auction where the HOA has initiated the foreclosure, the purchase may extinguish the first mortgage in super lien states — leaving you with the property free and clear of the lender's claim. This is why banks monitor HOA delinquencies actively in super lien states and often pay the super priority amount themselves before the HOA can foreclose. The existence of super lien laws is, in part, what forces lenders to stay vigilant.

What This Means If You're Already an Owner

If you fall behind on HOA dues in a super lien state, the HOA's collection timeline is aggressive. The typical sequence:

1. 30-60 days delinquent: late fees and interest begin accruing
2. 60-90 days: formal collection letter, demand for payment in full
3. 90-120 days: HOA may refer to a collection attorney and begin adding attorney's fees to the balance
4. 120+ days: lien recorded against the property; foreclosure proceedings potentially initiated

The escalation from $300 in missed dues to a $3,000 lien including attorney fees happens faster than most homeowners expect. Late fees, compound interest (some states permit 18-24% annual interest on HOA delinquencies), and collection costs can transform a manageable shortfall into a serious title problem within months.

Texas: A Different Framework

Texas doesn't have a super lien statute — but it's worth noting because Texas has some of the most aggressive HOA foreclosure activity in the country, particularly for relatively small delinquent balances. Under Property Code Chapter 209, Texas HOAs can foreclose for unpaid assessments without court involvement (non-judicial foreclosure) once a lien is properly recorded. The absence of super priority protection for lenders doesn't stop foreclosure — it just means the HOA can't extinguish the mortgage through the foreclosure. The practical result is that HOA foreclosures in Texas often result in the HOA acquiring a property subject to the outstanding mortgage.

Protecting Yourself

The practical defense is simple: don't fall behind on HOA dues, and if you do, communicate with the HOA immediately and request a payment plan in writing. Texas and many other states require HOAs to offer structured payment plans before escalating to foreclosure. California's Davis-Stirling Act prohibits foreclosure for unpaid amounts below $1,800 in assessments (not including interest and fees) or amounts that have been delinquent less than 12 months.

The HOA Survival Guide covers your state-specific rights regarding payment plans, lien disputes, and the assessment foreclosure process — including the notice requirements the HOA must follow before it can legally record a lien or initiate foreclosure. Get the complete guide at firsthomestartguide.com/tools/hoa-survival-guide/.