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Condominium and Homeowner Association Lien Super-Priority (N.J.S.A. 46:8B-21 and N.J.S.A. 45:22A-44.1)



In 2019, Governor Phil Murphy signed nine new laws that affect New Jersey foreclosures. The laws aim to help homeowners and reduce foreclosures. This article describes the law that relates to condominium and homeowner association lien super-priority.

A homeowner who lives in a “common interest” community, like a condominium or homeowner association neighborhood, is usually billed for dues and assessments. Not paying those bills could lead to a foreclosure, separate from a foreclosure for unpaid mortgage bills.

Associations are now entitled to “super-priority” liens covering six (6) months per year of unpaid  association bills. This means the association can file papers in a mortgage foreclosure case to get paid for back bills before the mortgage company gets paid. The association must take many steps to keep this priority.

NOTE: This new law does not apply to “co-ops” or cooperative housing communities.

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