HOA Liens and Foreclosure in Delaware

A common interest community association has a statutory lien on a unit for assessments and fines, along with related fees, interest, court costs and reasonable attorney's fees. The lien generally has priority over a first or second mortgage only for up to six months of regular common expense assessments, and only if the association has recorded a required contact document. For condominiums and planned communities the lien is foreclosed like a mortgage on real estate (or by other procedures in the declaration), but only if the owner owes at least 3 months of assessments and the executive board votes to foreclose on that unit; an association owed only fines must first get a judgment. The lien is extinguished unless enforcement starts within 3 years after the full amount becomes due. The association may also sue the owner to collect or take a deed in lieu of foreclosure.