Missouri Statewide Rule

Missouri HOA & Condo Assessment Liens (Mo. Rev. Stat. § 448.3-116)

Few RestrictionsApplies statewide across Missouri (2026)

Key Facts

Governing law: No general HOA act; condos = Mo. Rev. Stat. Ch. 448 (Uniform Condominium Act)
Condo lien statute: § 448.3-116: lien for assessments and fines
Super-lien: Yes (condos): 6 months of common-expense assessments rank ahead of a first mortgage
Foreclosure: Like a mortgage or by power of sale under Chapter 443
Enforcement deadline: 3 years after the full amount becomes due

Last verified: September 5, 2026

Summary

Missouri has no general HOA statute, so ordinary homeowners' association liens come only from the recorded declaration. Condominiums are different: under the Missouri Uniform Condominium Act, § 448.3-116 gives the association a statutory lien for unpaid assessments and fines, with a six-month priority over a first mortgage, foreclosable like a mortgage.

The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due. The association's lien may be foreclosed in like manner as a mortgage on real estate or a power of sale pursuant to chapter 443.

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Full Breakdown

For condominiums, § 448.3-116 provides that 'the association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner.' The lien has 'limited priority over the mortgage or deed of trust... in an amount not to exceed six months of the delinquent common expense assessments' (a partial super-lien) and 'may be foreclosed in like manner as a mortgage on real estate or a power of sale pursuant to chapter 443.' Recording the declaration 'constitutes record notice and perfection of the lien,' and suit must begin within three years. Non-condo HOAs have no such statute: any lien and foreclosure power lives solely in the recorded covenants.

Violations & Penalties

Condominiums: a perfected statutory lien (§ 448.3-116) foreclosable as a mortgage or by power of sale under Chapter 443, with a six-month priority over a first mortgage, plus a personal money judgment. Non-condo HOAs: only the lien and foreclosure remedy written into the recorded declaration; no statutory backstop.

Frequently Asked Questions

Can a Missouri HOA foreclose on my home for unpaid dues?

For a condominium, yes, § 448.3-116 lets the association foreclose its assessment lien like a mortgage or by power of sale under Chapter 443. For an ordinary planned-community HOA, Missouri has no lien statute, so foreclosure power exists only if your recorded declaration creates it.

Does a Missouri condo assessment lien outrank my mortgage?

Partly. Under § 448.3-116 the condo association's lien has priority over a first mortgage for up to six months of delinquent common-expense assessments. Beyond that six-month slice, the mortgage keeps its priority.

How long does a Missouri condo association have to enforce its lien?

Section 448.3-116 says the lien 'is extinguished unless proceedings to enforce the lien are instituted within three years after the full amount of the assessments becomes due.'

Sources

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