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 approximately 20 jurisdictions, that assumption is qualified — and if you fall behind on HOA dues in one of those jurisdictions, the HOA may be able to pursue foreclosure remedies 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, Connecticut, Massachusetts, and Washington: The amount and scope of super priority vary under each jurisdiction's law

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, it may be able to extinguish the first mortgage 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.

Outside the listed super-lien jurisdictions, the first mortgage generally remains senior, but lien priority and foreclosure remedies vary by state law. Do not assume that a non-listed state has identical rules for every association or delinquency.

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 affect the first mortgage in a super-lien jurisdiction, depending on the statute and the foreclosure procedure. This is why banks monitor HOA delinquencies actively and may pay the super-priority amount themselves before the HOA can foreclose.

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. Early delinquency: late fees and interest may begin under applicable law and the governing documents
2. Later delinquency: formal collection communications may begin
3. Continued delinquency: the HOA may refer the account to a collection attorney and add allowed collection costs
4. Further escalation: a lien may be recorded and foreclosure proceedings may be initiated, subject to state law and required procedures

An illustrative $3,000 delinquency can become a serious title problem as late fees, interest, and collection costs accumulate; the timing and amounts vary by state law and the governing documents.

Texas: A Different Framework

Texas does not appear in the listed super-lien jurisdictions, but its payment-plan and payment-priority protections are addressed in Property Code Chapter 209. Texas lien and foreclosure rules still require a current, Texas-specific review.

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 requires a payment plan spanning at least three months before aggressive collection action under Property Code §209.0062; elsewhere, check current state law and the governing documents.

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/.