What is an HOA super lien?
A super lien is a state-law boost that puts a limited slice of unpaid HOA or condo assessments ahead of the first mortgage. It is not a second mortgage. It is not automatic in every state. In plain English: in some states, if the association forecloses, a few months of regular dues can get paid before the bank. In most states, the bank still stands first.
How this usually unfolds
Without super-priority, an HOA lien is often junior to the first mortgage. The association can still lien you and, in some states, still foreclose — but a buyer at that sale may take the house subject to the bank’s loan. With super-priority, a capped amount of unpaid regular assessments (commonly about six months) jumps the line. That can change how aggressively a lender or an association moves. It can also surprise a buyer who thought “I’m current on the mortgage, so the house is safe.” Paying the bank does not pay the HOA.
What actually controls this
Your state’s common-interest statute, not a national HOA rule. Roughly twenty states give some assessment liens extra priority. Many of those follow a uniform-act model of about six months of regular assessments. Nevada, for example, uses a longer (nine-month) window. The extra priority usually covers regular common-expense assessments. It often does not cover the whole ledger — older dues, late fees, fines, and collection costs may stay junior. Confirm the statute; lists of “super-lien states” go stale.
Fine-only foreclosure bans are a separate issue, labeled by state as examples: Texas 209.009 generally bars foreclosure when the debt is solely fines; California Civil Code 5725 generally keeps disciplinary fines off the nonjudicial assessment-lien sale path; Florida generally will not let a fine under $1,000 become a lien. Super-lien status does not turn a forbidden fine-only foreclosure into a valid one.
Unpaid assessments can still lead to late fees, collections, a lien, and in some states foreclosure whether or not your state is a super-lien state. Withholding dues is usually a trap in both kinds of states.
What to do next
If a lien has been recorded, get the document and an itemized ledger. Find your state’s assessment-lien priority statute rather than relying on a blog list. If you are buying, ask in writing about delinquencies and pending association foreclosures.
When this is bigger than DIY
Priority fights sit under a foreclosure notice. Talk to a lawyer licensed in your state. A hearing with real money, or a sale date, is not a research project. Guide does not rank your liens or call your lender.
> This is general information from an AI helper, not legal advice. Confirm it against your documents and your state’s law. If a deadline or hearing is coming up, talk to a licensed lawyer.