Yes, a Maryland condo or HOA can lien your home over unpaid assessments, and that lien can eventually be foreclosed, even if your mortgage is current. Under § 11-110 (condo) and § 11B-117 (HOA), payment of assessments, along with interest, late charges, and reasonable attorney's fees, may be enforced by imposing a lien in accordance with the Maryland Contract Lien Act. That name matters: it's a court process, not a private trustee's sale the association can run on its own. The association has to establish and enforce the lien through the courts, which means you get a real case and a docket, not just a notice taped to your door.
The two acts don't treat delinquency the same way, though. The Condominium Act caps what a condo can charge you while you're behind: interest at up to 18 percent a year if the bylaws set a rate (18 percent automatically if they don't), plus a late charge of $15 or 10 percent of the delinquent installment, whichever is greater, and only after the delinquency has run at least 15 days (§ 11-110(e)). The Homeowners Association Act's assessment-and-lien section, § 11B-117, doesn't carry that same interest-rate ceiling or late-fee formula. Whatever your HOA charges you in interest or late fees for a missed payment is governed by your declaration, not a matching cap in the statute itself.
The four-month, $1,200 rule that outranks your first mortgage
Both sections also carry a limited super-priority: a portion of the association's lien, capped at four months of regular assessments and no more than $1,200, and excluding fines, interest, late charges, attorney's fees, and special assessments, has priority over a first mortgage or first deed of trust recorded on or after October 1, 2011 (§ 11-110(f); § 11B-117(c)). A mortgage holder can request written information about that priority portion, and if the association doesn't respond within 30 days of the lien being recorded, it loses that priority. This is mainly a fight between the association and your lender over who gets paid first out of a sale, but it's worth knowing if you're refinancing or closing a sale while a lien is on record.
The authority
The statutes behind this
Cited by name as authority, for your own reading. Informational only, not legal advice.
Md. Code Ann., Real Prop. § 11-110
Condo assessments and liens: enforcement through the Maryland Contract Lien Act, an 18% interest ceiling, the $15/10% late-fee formula, and the four-month, $1,200 priority over a later first mortgage.
Md. Code Ann., Real Prop. § 11B-117
The HOA parallel: assessment liability, lien enforcement through the Maryland Contract Lien Act, and the same four-month, $1,200 priority rule — without the condo act's matching interest-rate or late-fee cap.
Md. Code Ann., Real Prop. § 11-116
Condo records access, which lets you request the itemized financial statements you need to separate real assessments from fines, interest, and attorney's costs before a lien is enforced.
Step by step
How to respond to a Maryland lien or foreclosure notice
Steps to take when a Maryland condo or HOA moves to lien or foreclose over unpaid assessments.
- 01
Get an itemized breakdown
Request a written accounting under § 11-116 (condo) or § 11B-112 (HOA) that separates real assessments from late fees, interest, fines, and attorney's costs. The lien secures assessments and limited charges, not everything on the ledger.
- 02
Check the interest and late-fee math, if you're in a condo
Confirm any interest charge doesn't exceed the 18% ceiling and that the late fee doesn't exceed $15 or 10% of the installment, whichever is greater, under § 11-110(e). HOA owners should check the declaration, since § 11B-117 doesn't set a matching state cap.
- 03
Remember this is a court process, not a private sale
Both § 11-110 and § 11B-117 route enforcement through the Maryland Contract Lien Act, which requires the association to establish and enforce the lien through the courts. Use the runway a court case gives you.
- 04
Ask about the priority notice if you're refinancing or selling
If a lender is involved, the association and the lender may be sorting out the four-month, $1,200 priority portion under § 11-110(f) or § 11B-117(c). Ask for the payoff breakdown in writing before closing.
- 05
Get a Maryland attorney before the court deadline runs
Because a Maryland Contract Lien Act case is a real court proceeding, you'll have an actual filing and a deadline to respond. Talk to a licensed Maryland attorney while you still have time to answer.
Straight answers
Common questions
Can a Maryland HOA or condo really foreclose on my home over unpaid dues?
Yes, but only through the courts. Section 11-110 (condo) and § 11B-117 (HOA) authorize a lien for unpaid assessments, enforced under the Maryland Contract Lien Act, which requires the association to establish and enforce the lien through a court case rather than a private sale.
Is there a cap on the interest or late fees a Maryland association can charge?
For condos, yes: § 11-110(e) caps interest at 18% a year and late charges at $15 or 10% of the delinquent installment, whichever is greater, after at least 15 days of delinquency. The Homeowners Association Act's § 11B-117 doesn't include that same cap, so an HOA's interest and late-fee terms come from its own declaration.
What's the four-month, $1,200 rule I keep seeing?
It's a limited super-priority under § 11-110(f) (condo) and § 11B-117(c) (HOA): up to four months of regular assessments, capped at $1,200 and excluding fines, interest, and fees, gets paid ahead of a first mortgage or deed of trust recorded on or after October 1, 2011. It mostly governs who gets paid first between the association and your lender.
Can the association sell my house without going to court?
No. Both § 11-110 and § 11B-117 require the association to enforce its assessment lien under the Maryland Contract Lien Act, which is a judicial process, not a private trustee's sale run entirely by the association.