Maine · HOAMaine condo assessment liens: automatic, behind the first mortgage, enforceable for six years
Under the Maine Condominium Act, the association has a lien on a unit for any assessment levied against it or fines imposed on its owner from the time the assessment or fine becomes due, and the lien may be foreclosed like a mortgage (33 M.R.S. §1603-116(a)). Recording the declaration is record notice and perfection of the lien, with no further claim of lien required (§1603-116(d)). The lien is prior to other liens except those recorded before the declaration, a first mortgage recorded before or after the date the assessment became delinquent, and real estate taxes (§1603-116(b)). It is extinguished unless proceedings to enforce it start within 6 years after the full amount of the assessments becomes due (§1603-116(e)). On written request the association must furnish a recordable statement of unpaid assessments within 10 business days, binding on the association, the board and every owner (§1603-116(h)). After a foreclosure sale under 14 M.R.S. §6323, common expense assessments accrue free of the foreclosing first mortgagee's lien (§1603-116(i)).
What the statutes set
Lien (§1603-116(a), (d))
From the due date; perfected by the recorded declaration.
Priority (§1603-116(b))
Behind earlier liens, a first mortgage and real estate taxes.
Six years (§1603-116(e))
Lien ends unless enforcement starts within 6 years.
Statement (§1603-116(h))
Binding recordable statement within 10 business days.
What the TC checks on a Maine condo sale
- Ask the association for its statement of unpaid assessments early in the transaction.
- Confirm the payoff covers assessments, fines, late charges, interest and collection costs.
- Collect the paid-in-full statement for the title company before closing.
Questions about Maine condo liens
Does a Maine condo lien come ahead of the first mortgage?
No. A first mortgage recorded before or after the assessment became delinquent has priority (33 M.R.S. §1603-116(b)).
How long does a Maine condo lien last?
It's extinguished unless enforcement proceedings start within 6 years after the full amount becomes due (33 M.R.S. §1603-116(e)).
Related guides
Track the association's statement and payoff as tasks on the deal in ClosingCode.
Start free trialSource: 33 M.R.S. §1603-116 (legislature.maine.gov), read October 31, 2026.
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.