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, demand in writing a write-up of delinquencies and pending association foreclosures.
When this is bigger than DIY
Priority fights sit under a foreclosure notice. Call a lawyer licensed in your state. A hearing with real money, or a sale date, is not a research project. HOAMie does not rank your liens or call your lender.
Member moves. Demand the ledger, the lien paperwork, and the exact amounts in writing this week. If there is foreclosure language, call a lawyer licensed in your state now. Keep paying regular assessments while you sort the dispute — do not invent a withhold-dues tactic.
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, call a lawyer licensed in your state.