When a homeowner falls delinquent, the order in which creditors get paid from a foreclosure sale is determined by lien priority. For HOAs, two regimes exist: (1) sub-priority — the HOA lien is subordinate to the first mortgage, meaning the HOA gets paid only if there is money left after the mortgage is satisfied; and (2) super-priority — the HOA gets paid before the first mortgage for a specified number of months. Super-priority is one of the most powerful tools available to association boards.
Super-Priority States: 22 States That Protect HOA Liens
| State | Super-Priority Months | Notes |
|---|---|---|
| Alaska | 6 months | UCIOA super-lien |
| Colorado | 6 months | CCIOA super-lien |
| Connecticut | 6 months | CIOA super-lien |
| Delaware | 6 months | DUCIOA super-lien |
| Massachusetts | 6 months | Mass. Gen. Laws ch. 183A, § 6 |
| Minnesota | 6 months | MCIOA super-lien |
| Nevada | 9 months | NRS 116 — one of the strongest in the US |
| New Hampshire | 6 months | NH Condominium Act |
| New Jersey | 6 months | NJ Condominium Act |
| New York | 6 months | Real Property Law § 339-z |
| Oregon | 6 months | ORS Chapter 94/100 |
| Vermont | 6 months | UCIOA super-lien |
| Washington | 6 months | WUCIOA super-lien |
| West Virginia | 6 months | UCIOA super-lien |
What Super-Priority Means for Collections
In super-priority states, first mortgage servicers have a strong incentive to cure HOA delinquencies before they reach the super-priority threshold, because a super-priority foreclosure can extinguish the first mortgage. This creates significant leverage for associations in delinquency situations. In practice, servicers in super-priority states will typically pay delinquent HOA assessments directly to the association once they receive a demand letter — rather than wait for a foreclosure action.
Sub-Priority States: Most of the US
In the majority of US states — including California, Florida, Texas, Arizona, Georgia, and most of the South and Midwest — the HOA lien is subordinate to the first mortgage. In these states, a first mortgage foreclosure extinguishes the HOA lien. The association loses all delinquent assessments when a first mortgage lender forecloses. This is why delinquency management is especially critical in sub-priority states.
How to Use Super-Priority in Your State
- Send demand letters to first mortgage servicers immediately when delinquency reaches 3 months
- Cite the specific super-lien statute in your demand letter
- Record your assessment lien promptly — before the super-priority threshold is exceeded
- Work with an HOA attorney experienced in lien priority disputes
- In sub-priority states: budget for bad debt and pursue delinquencies before first mortgage foreclosures accelerate
Disclaimer: Lien priority law is complex and state-specific. This guide is for general informational purposes only. Consult a licensed attorney in your state before taking any collection or foreclosure action.
This article is for general informational and educational purposes only. It does not constitute legal advice. HOA laws vary by state, and your association's specific CC&Rs and bylaws may create additional requirements. Always consult a licensed attorney in your state before taking legal or enforcement action. Full disclaimer →