For condominiums, the D.C. Condominium Act gives the unit owners' association an automatic lien for unpaid assessments with a limited priority over a first mortgage. D.C. has no comprehensive non-condo HOA statute, so non-condo associations collect under their recorded declaration plus general law.
Under D.C. Code § 42-1903.13, a condo association has a lien for unpaid common-expense assessments that is prior to most encumbrances except prior-recorded liens and first mortgages recorded before the delinquency. For deeds of trust recorded after March 7, 1991, the lien is also prior to the mortgage 'to the extent of the common expense assessments...which would have become due...during the 6 months immediately preceding institution of an action to enforce the lien.' The association may foreclose by power of sale with at least 31 days' written notice and newspaper advertisement; owners may cure before sale. Unpaid assessments accrue interest at the lesser of 10% per year or the maximum lawful rate (§ 42-1903.12). Non-condo HOAs rely on declaration-based liens, not this statute.
Continued nonpayment lets a condo association recover assessments, interest, late charges, costs, and attorney's fees, and foreclose by power of sale after 31 days' notice; the 6-month slice has priority over a first mortgage.
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