Real estate in Washington, DC costs more per square foot than almost anywhere in the country. That makes assessment delinquencies particularly painful—the amounts add up fast, and boards can't afford to let them slide. From historic Capitol Hill row houses converted to condos to sleek Navy Yard high-rises, DC associations have strong statutory tools for collection, including a super-lien that can subordinate first mortgages. But the District also imposes shorter time limits than most states, so prompt action matters.

Where Assessment Money Goes

DC association fees fund shared expenses:

  • Common spaces—lobbies, hallways, courtyards, parking garages, rooftop decks
  • Building systems—elevators, boilers, chillers, fire alarms, security systems
  • Utilities—common area electric, water, gas; sometimes individual units
  • Taxes—property taxes on common elements
  • Insurance—the master policy covering the building structure
  • Reserves—funds accumulated for major repairs and replacements

Special assessments cover major one-time expenses beyond reserves. DC's aging building stock—many structures are 50 to 100+ years old—means associations regularly face significant repair projects. Façade work, roof replacement, elevator modernization, and waterproofing can run into six or seven figures. When owners don't pay their share, everyone else feels it.

The DC Condominium Act

DC Code Title 42, Chapter 19 governs condominiums. Section 42-1903.13 addresses assessment liens specifically—creation, priority, components, and enforcement.

HOAs in the District

DC doesn't have a comprehensive HOA statute. HOAs rely on their declaration, bylaws, and general contract law for collection remedies. The tools are less robust than what condos have.

For condos, a lien arises automatically when assessments go unpaid. No court action required—the security interest exists by operation of law.

Lien Components

DC allows associations to include:

  • Unpaid assessments—regular and special
  • Interest—as your condominium instruments authorize
  • Late fees—per your governing documents
  • Attorney's fees and collection costs—amounts actually incurred
  • Administrative expenses—reasonable costs of collection
  • Other amounts—whatever the condominium instruments make the owner responsible for

Recovering these costs from the delinquent owner keeps association finances healthy.

The DC Super-Lien

DC provides condos with meaningful priority over lenders.

Six Months of Priority

Under DC Code § 42-1903.13(a)(2), a condo association's lien for up to six months of unpaid assessments takes priority over first mortgages and deeds of trust recorded after March 7, 1991. Only the assessments qualify—not interest, late fees, attorney's fees, or fines.

This super-lien has real teeth. DC courts have confirmed associations can foreclose on the super-lien and potentially wipe out the first mortgage entirely. Lenders know this, which often motivates them to bring accounts current rather than risk losing their security interest.

Association liens also beat most other claims except:

  • Liens recorded before the declaration
  • DC property tax liens
  • First mortgages recorded before assessments became due (aside from the six-month super-priority)

Foreclosure Paths

Nonjudicial Foreclosure

DC Code § 42-1903.13 authorizes foreclosure through power of sale. It's generally faster and less expensive than going to court. Key requirements:

  • Record a Notice of Foreclosure Sale at least 31 days before the sale
  • Serve notice on the owner by delivery service and first-class mail
  • Publish notice in a newspaper at least three times within 15 days of the sale
  • Include housing counseling resource information as required

Judicial Foreclosure

Filing in DC Superior Court takes longer but offers advantages:

  • Judge oversight
  • Ability to get a deficiency judgment if sale proceeds fall short
  • Clear resolution of who has priority

Important detail: The foreclosure notice must specify whether you're foreclosing on just the six-month super-priority lien or the full amount owed. This affects other lienholders and how the sale proceeds get distributed.

Owner Protections

DC balances association power with protections for unit owners.

Right to Cure

Owners can stop foreclosure anytime before the sale by paying all past-due amounts plus late charges, interest, and reasonable attorney's fees and costs.

Notice Requirements

The 2017 Condominium Owner Bill of Rights and Responsibilities Act added specific requirements. Foreclosure notices must use at least 18-point font and include information about housing counseling resources.

Statement of Account

When someone requests a statement of unpaid assessments, the association has 10 days to provide it. Miss that deadline, and you risk extinguishing the lien for that unit. Accurate record-keeping isn't optional.

Three-Year Lien Expiration

Assessment liens lapse if not enforced within three years. That's shorter than most states. Associations that tolerate delinquencies lose their remedies.

Time Limits

The three-year window in DC deserves emphasis. Many states give associations five or six years—some give ten. DC's shorter limit means you can't afford to let accounts age.

A delinquency that seems small in year one becomes uncollectible in year four. Prompt, consistent enforcement protects your rights.

Working With Us

The Rickel Law Firm has been in operation since 1899. We understand DC's unique market—high property values, aging buildings, sophisticated owners, and a legal framework that rewards prompt action.

DC associations that work with us enjoy:

  • No charges in most cases. Our fees and costs are applied to the delinquent owner's balance. 
  • Full visibility. ONYX, our case management portal, lets board members and managers check status, payments, and progress around the clock.
  • We keep it professional. Delinquent owners are still your neighbors. We pursue collections in step with state laws while treating delinquent owners with respect— this produces better results and keeps community relationships intact.
  • DC expertise. From the super-lien rules to the Condominium Owner's Bill of Rights requirements, we know what this jurisdiction demands.

Let's Talk

Unpaid assessments can deplete association funds needed for building maintenance, community improvements and minimal reserve requirements. When some owners don't pay, others pick up the tab.

Don't use funding from people who pay on time to collect from people who don't!   If your DC association has delinquent accounts that need attention, contact us for a free consultation. We'll explain how we can help.

Reach The Rickel Law Firm at 855.752.7156 or through our website.