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But under Washington law, a COA is entitled to a super lien over mortgages recorded before the date that the assessment became delinquent in an amount equal to six months' worth of delinquent common expense assessments. (Wash. Rev. Code § 64.34.
The HOA can use the unpaid assessments as the basis for their homeowner's association lien and initiate foreclosure proceedings. Any unpaid fees can bring an assessments lien that leads to foreclosure. HOAs in Houston, Texas, must file a lawsuit against the homeowner to obtain a foreclosure against its lien.
The HOA can get a lien on your home. The association typically can charge you for the overdue assessments, plus attorneys' fees, costs, late charges, and interest. The association might choose to foreclose its lien. Lien priority determines what happens to other liens, like a mortgage, if an HOA lien is foreclosed.
Because New Mexico is not a super lien state, a bank foreclosure will take priority over a community association's lien and does not require the lender to provide any compensation to the association for unpaid assessments.
The District of Columbia has super liens. An HOA's assessment lien on a lot in the District of Columbia has priority, up to a specified amount, over the liens created by a lender's earlier-filed first mortgage.