Mass. Ct. Says HOA Priority Lien Status is Limited to a Total of Six Months

Massachusetts Appellate Court decision (November 7, 2014)

Homeowners withheld payment of monthly HOA dues because of a dispute with their HOA over parking rules and associated fines. The association filed a court action to recover the unpaid dues and establish a priority lien in accordance with the applicable statute that allows for a lien that is superior to the first mortgage to the extent of the common expense assessments due during the six months preceding the suit. Because the homeowners continued to withhold payment of their dues, the association filed two more actions in succession. As a result, the association had three actions against the homeowners and thereby claimed that it had three six-month periods of priority lien status over the first mortgage holder.