Massachusetts Condominium & HOA Assessment Collection Rules

Under M.G.L. c. 183A § 6, the organization of unit owners has a lien on a unit "for any common expense assessment levied against that unit from the time the assessment becomes due." That lien ranks ahead of most encumbrances except a first mortgage recorded before delinquency and real-estate-tax liens. Crucially, Massachusetts grants a six-month super-priority: the lien is prior to such a first mortgage "to the extent of the common expense assessments ... which would have become due ... during the six months immediately preceding institution of an action to enforce the lien" plus costs and reasonable attorneys' fees. The lien is enforced under c. 254 §§ 5 and 5A. Non-condominium HOAs get no statutory lien — collection depends on the declaration and c. 180.

Unpaid condo assessments become a lien foreclosable under c. 254 §§ 5–5A, with a six-month slice plus costs and reasonable attorneys' fees taking priority over a first mortgage (§ 6). The association may also accept a deed in lieu of enforcement. Non-condo HOA remedies are only whatever the recorded declaration provides.