Maine HOA Lien Laws

Maine HOA lien laws determine when an association can secure unpaid assessments against a property and what remedies may be available when a homeowner fails to pay. The most important statutory lien provision is 33 M.R.S. § 1603-116 of the Maine Condominium Act, which gives a condominium association a lien for assessments and certain fines and permits the lien to be foreclosed in the same manner as a mortgage on real estate. The statute also establishes important exceptions to lien priority, a six-year enforcement period, and a process for homeowners to obtain a statement of unpaid assessments.

Important: Maine’s statutory framework is not as simple as saying that every homeowner association automatically has the exact same lien rights. The specific governing documents and the type of common-interest community matter. The statute discussed most directly below is Maine’s Condominium Act, so homeowners in a traditional HOA or planned development should review their declaration and applicable law before assuming that § 1603-116 applies to them.

What Is an HOA Lien?

HOA lien: A legal claim against real property securing money that a homeowner owes to an association, such as assessments or other charges authorized by applicable law and governing documents.

A lien does not automatically mean that the homeowner loses the property. It gives the association a legal interest that may be enforced according to the applicable statute, declaration, and foreclosure procedures.

What has the Maine HOA Lien Laws?

For condominiums governed by the Maine Condominium Act, 33 M.R.S. § 1603-116 provides that the association has a lien on a unit for an assessment levied against that unit or fines imposed against its owner from the time the assessment or fine becomes due. The statute also says that the association’s lien may be foreclosed in the same manner as a mortgage on real estate.

This is important because an unpaid assessment is not merely an ordinary unpaid bill. Where the statute applies, the unpaid obligation can become attached to the property as a lien.

The statute also addresses certain fees, charges, late charges, fines, and interest, treating them as enforceable as assessments unless the condominium declaration provides otherwise.

Does Every Maine HOA Have the Same Lien Rights?

No. This distinction is critical.

Maine’s condominium statute expressly provides lien rights for associations covered by the Maine Condominium Act. A community that calls itself an “HOA” may instead operate under a recorded declaration, restrictive covenants, corporate documents, other applicable statutes, or a different common-interest-community structure.

Therefore, before determining whether an association can place or foreclose a lien, the homeowner or association should identify:

1. The type of community.
2. The recorded declaration and covenants.
3. The association’s bylaws and rules.
4. The statutory authority applicable to the property.
5. The type and amount of debt being claimed.

This prevents a common mistake: assuming that a rule applying to a Maine condominium automatically applies to every residential HOA.

When Does an HOA Lien Arise in Maine?

Under 33 M.R.S. § 1603-116, the lien arises from the time an assessment or qualifying fine becomes due. If an assessment is payable in installments, the full amount of the assessment becomes a lien when the first installment becomes due.

That means the lien does not necessarily wait until a long period of delinquency has passed.

Example

Suppose a condominium assessment is payable in monthly installments and the first installment becomes due on January 1.

If the statute applies, the full assessment can become a lien when the first installment becomes due, rather than only after every installment has gone unpaid.

The association’s declaration and applicable law should still be reviewed to determine exactly what charges are authorized and how the association must administer them.

What Can a Maine HOA Lien Include?

For condominiums covered by § 1603-116, the statutory lien can cover an assessment levied against the unit and qualifying fines imposed against the unit owner. Unless the declaration provides otherwise, certain fees, charges, late charges, fines, and interest can also be enforceable as assessments.

Common Categories to Review

Charge	Potentially secured by condominium lien?	Key consideration
Regular assessments	Yes	Must be an assessment covered by applicable law
Special assessments	Potentially	Review declaration and assessment authority
Certain fines	Yes	§ 1603-116 expressly addresses fines
Late charges	Potentially	Statutory and declaration requirements matter
Interest	Potentially	Must be authorized under applicable provisions
Attorney’s fees	Potentially recoverable	Court judgment under § 1603-116 may include reasonable fees
Unrelated personal debt	Not automatically	Must have a legal basis for becoming a property lien

The important point is that an association cannot simply label every amount owed by a homeowner as an automatically valid lien. The underlying obligation and the legal authority for collecting it matter.

How Does Lien Priority Work Under Maine Law?

Lien priority determines which claims against a property generally get paid first when property is sold or foreclosed.

Under 33 M.R.S. § 1603-116, a condominium association’s assessment lien is generally prior to other liens and encumbrances, but the statute creates significant exceptions. These include liens and encumbrances recorded before the condominium declaration, a first mortgage recorded before or after the assessment becomes delinquent, and liens for real estate taxes and other governmental assessments or charges.

Maine Condominium Lien Priority at a Glance

Claim	Treatment under § 1603-116
Certain liens recorded before declaration	Generally superior
First mortgage	Generally superior
Real estate taxes	Superior
Governmental assessments/charges	Superior
Association assessment lien	Has statutory priority subject to exceptions
Other association liens	May depend on applicable law and circumstances

This means a homeowner should not assume that an HOA or condominium lien automatically takes priority over the mortgage.

The exact order can have substantial financial consequences, particularly when the property has significant mortgage debt.

Does a Maine HOA Lien Have to Be Recorded?

For condominiums governed by § 1603-116, recording the condominium declaration constitutes record notice and perfection of the assessment lien, and the statute says that no additional recordation of a claim of lien for the assessment is required.

This is an unusual but important feature of the Maine Condominium Act.

However, homeowners should distinguish between perfection of the statutory lien and the practical documentation of the amount actually owed. The statute separately gives owners the right to request a recordable statement showing the amount of unpaid assessments currently levied against the unit.

How Long Does a Maine HOA Have to Enforce a Lien?

For a lien governed by 33 M.R.S. § 1603-116, the statute provides a six-year enforcement period.

The lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within six years after the full amount of the assessments becomes due.

This is an important distinction from simply saying that an association has six years to “collect the debt.” The statute specifically addresses when the lien itself is extinguished if enforcement proceedings are not timely instituted.

Because the calculation can depend on when the full amount became due, the applicable declaration, installment structure, and facts should be examined carefully.

Can a Maine HOA Foreclose on a Property?

For condominiums covered by § 1603-116, yes, the association’s lien may be foreclosed in the same manner as a mortgage on real estate.

That does not mean foreclosure happens automatically after one missed payment.

Foreclosure is a legal enforcement process. Maine’s general mortgage foreclosure statutes establish procedures for foreclosure by civil action, including requirements concerning parties in interest, recording, notice, court proceedings, judgment, redemption, and sale.

General Enforcement Process

The exact procedure depends on the legal basis for the lien, but the process can involve:

1. Assessment becomes due.
2. Homeowner becomes delinquent.
3. Association calculates the amount claimed.
4. Association follows applicable notice and collection requirements.
5. Lien rights are enforced through the appropriate legal procedure.
6. Court proceedings may determine the amount owed and priority.
7. If foreclosure is ordered, the property may ultimately be sold according to applicable foreclosure law.

A homeowner facing an actual foreclosure action should obtain legal advice rather than relying solely on a general online explanation.

What Happens in a Maine Foreclosure Action?

Maine law provides for foreclosure by civil action in the appropriate court. Under 14 M.R.S. § 6321, foreclosure proceedings involve parties in interest and must comply with Maine’s procedural requirements. The statute also contains requirements concerning recording the foreclosure complaint or clerk’s certificate and providing required notices.

The court determines matters such as whether the applicable condition was breached, the amount due, reasonable attorney’s fees and court costs, and the order of priority.

If foreclosure proceeds to sale, Maine law establishes procedures for notice and public sale following expiration of the applicable redemption period.

This is why an HOA lien should not be treated as equivalent to an immediate eviction or automatic loss of ownership.

Can a Homeowner Get the Amount of the HOA Lien in Writing?

Yes, for condominiums covered by § 1603-116.

Upon written request, the association must furnish the unit owner with a recordable statement identifying the amount of unpaid assessments currently levied against the unit. The statute requires the statement to be furnished within 10 business days after the association receives the request, and it is binding on the association, executive board, and every unit owner.

Why This Matters

A written statement can help a homeowner:

• Determine exactly what the association claims is owed.
• Identify potentially disputed charges.
• Understand what must be paid to resolve the delinquency.
• Review the debt with an attorney.
• Address a title or property transaction issue.

A homeowner should keep the written request and the association’s response as part of the property’s records.

Can an HOA Recover Attorney’s Fees for a Lien?

For a lien action under 33 M.R.S. § 1603-116, the statute provides that a judgment or decree includes costs and reasonable attorney’s fees for the prevailing party.

This means legal expenses can become an important part of a lien dispute.

Homeowners should therefore avoid assuming that paying only the original assessment will necessarily resolve an active legal proceeding. Once an enforcement action has begun, additional recoverable costs may need to be considered.

What Should a Maine Homeowner Do After Receiving a Lien Notice?

If you receive a notice concerning an HOA or condominium lien, take the matter seriously but do not assume that the amount is automatically correct.

Recommended Steps

1. Request an itemized accounting.
Ask the association to identify assessments, fines, interest, late charges, attorney’s fees, and other amounts separately.

2. Review the declaration.
Determine what the governing documents actually authorize the association to charge.

3. Confirm the type of community.
Find out whether the property is a condominium governed by the Maine Condominium Act or another form of development.

4. Check payment records.
Compare the association’s accounting with bank statements, canceled checks, payment confirmations, and other records.

5. Review lien priority.
If there is a mortgage, tax lien, or other encumbrance, determine how the competing claims may rank.

6. Get legal advice if foreclosure is threatened.
A lien involving a residential property can have serious consequences, particularly once litigation begins.

What Should a Maine HOA Do Before Enforcing a Lien?

Associations should also approach lien enforcement carefully.

A sound compliance process should include:

• Confirming the owner’s account balance.
• Reviewing the declaration and bylaws.
• Confirming statutory authority.
• Separating assessments from fines and other charges.
• Checking payment history.
• Reviewing applicable notice requirements.
• Confirming lien priority.
• Calculating the enforcement deadline.
• Maintaining accurate association records.
• Consulting qualified Maine counsel before filing a foreclosure action.

The association’s records are particularly important because § 1603-116 expressly gives condominium owners a right to obtain a recordable statement of unpaid assessments.

Maine HOA Liens vs. Mortgage Liens

A frequent source of confusion is the assumption that an association lien automatically outranks a homeowner’s mortgage.

That is not the general rule under Maine’s condominium lien statute. Section 1603-116 specifically identifies a first mortgage among the interests that take priority over the association’s assessment lien.

Issue	Association assessment lien	First mortgage
Secures	Association-related obligations	Mortgage debt
Attached to property	Yes, when applicable	Yes
Priority	Subject to statutory exceptions	Generally superior under § 1603-116
Can involve foreclosure?	Yes, for qualifying condominium lien	Yes
Government taxes	Generally, take priority	Also subject to applicable tax priority rules

The actual priority analysis can become more complicated when multiple liens, judgments, or other interests exist.

What If the HOA Is Not a Condominium Association?

This is one of the most important qualifications for anyone researching Maine HOA lien laws.

The language of 33 M.R.S. § 1603-116 concerns an association’s lien on a unit under the Maine Condominium Act. It should not automatically be treated as a universal statute governing every homeowner association in Maine.

For a traditional planned subdivision, the association’s rights may instead depend on the recorded declaration, restrictive covenants, contractual obligations, corporate structure, and other applicable Maine law.

In practical terms, the first question should be:

What legal structure governs this particular community?

Only after answering that question can you accurately determine the association’s lien rights.

Key Maine HOA Lien Rules to Remember

The most important points are:

• Maine’s Condominium Act provides an assessment lien for qualifying condominium associations.
• The lien arises when the assessment or qualifying fine becomes due.
• Certain fees, late charges, fines, and interest may be enforceable as assessments.
• The lien can be foreclosed in the same manner as a mortgage.
• First mortgages generally have priority under § 1603-116.
• Real estate taxes and governmental charges also receive priority.
• A condominium declaration provides record notice and perfection of the statutory assessment lien.
• Proceedings to enforce the lien generally must begin within six years after the full amount becomes due.
• A unit owner can request a recordable statement of unpaid assessments.
• A court judgment under the statute can include costs and reasonable attorney’s fees for the prevailing party.

Frequently Asked Questions About Maine HOA Lien Laws