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District of Columbia Statewide Rule

D.C. Condominium Assessment Liens & Foreclosure (D.C. Code § 42-1903.13)

Heavy RestrictionsApplies statewide across District of Columbia (2026)

Key Facts

Condo statute
D.C. Code § 42-1903.13
Mortgage priority
6 months of assessments before institution of action
Interest
Lesser of 10%/yr or max lawful rate (§ 42-1903.12)
Foreclosure notice
At least 31 days written notice + newspaper ad
Non-condo HOAs
No general statute; declaration-based liens only
Last verified: June 27, 2026Source: D.C. Official Code § 42-1903.13

Summary

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.

The lien is prior to a first deed of trust or mortgage recorded after March 7, 1991, to the extent of the common expense assessments which would have become due in the absence of acceleration during the 6 months immediately preceding institution of an action to enforce the lien.

Source: D.C. Official Code § 42-1903.13View official code

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

Can a D.C. condo association foreclose for unpaid dues?
Yes. Under § 42-1903.13 the association has a power-of-sale lien and may foreclose after at least 31 days' written notice and newspaper advertising. The owner can cure the default by paying arrears, costs, and fees any time before the sale.
Does the condo lien beat my mortgage?
Partially. For deeds of trust recorded after March 7, 1991, the lien is prior to the mortgage only for the 6 months of assessments before the enforcement action begins. Amounts beyond that 6-month slice are subordinate to the first mortgage.
Do non-condo HOAs in D.C. have the same lien power?
Not automatically. D.C. has no comprehensive non-condo HOA act, so a standalone HOA's lien and foreclosure rights come from its recorded declaration and general law, not from § 42-1903.13.

Sources

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