Most states have a "super-lien" that gives a condo association a few months of unpaid dues priority over the first mortgage. The District of Columbia has something more severe: a super-lien that, when foreclosed, can erase the first mortgage entirely. For a buyer or a lender, this is the single most important fact about D.C. condominium law — and it turns a routine question (is the unit current on dues?) into a title-and-financing question worth taking seriously.

What the statute actually says

Under the D.C. Condominium Act (D.C. Official Code §42-1903.13), any unpaid assessment becomes a lien on the unit from the moment it is due, and recording the condominium declaration provides record notice — no separate lien filing is required. That lien is generally junior to a first mortgage recorded before the assessment became delinquent.

But the statute carves out a super-priority slice. Section 42-1903.13(a)(2) makes the lien senior to the first mortgage to the extent of the common-expense assessments that would have come due during the six months immediately before the association's enforcement action or the recording of a memorandum of lien. This is the "split-priority" structure: part of the assessment lien is junior to the mortgage, but six months' worth sits ahead of it.

The association can enforce that lien through a non-judicial power of sale. After a recorded and mailed notice of foreclosure sale and newspaper advertising, the unit can be sold at public auction. Notice must go to the owner, junior lienholders, and the first-mortgage holder, and the owner may cure at any time before the sale. The lien lapses if not enforced within three years of the assessment becoming due.

Why the case law makes this dangerous

The statute's text would matter less if courts treated the super-lien as a mere payment priority. They have not. In Chase Plaza Condominium Ass'n v. JPMorgan Chase Bank, N.A., 98 A.3d 166 (D.C. 2014), the D.C. Court of Appeals applied the ordinary foreclosure principle that a senior lien's foreclosure wipes out junior interests — and held that foreclosure of the six-month super-priority lien extinguishes the first deed of trust and all junior liens. On the facts, a unit roughly six months behind (about $9,400 in fees) was sold at the association's sale for $10,000, free and clear of a first trust that had secured a $280,000 purchase loan.

The court reaffirmed this in Liu v. U.S. Bank N.A. (D.C. 2018), holding that the super-lien foreclosure extinguishes the first mortgage even where the association's notice says the sale is "subject to" the mortgage — because the Condominium Act's anti-waiver provision prevents the association from contractually preserving it.

Most recently, Wonder Twins, LLC v. 450101 Housing Trust (D.C. 2024) confirmed the line and drew the critical distinction buyers need to understand:

• If the association forecloses on only the six-month super-priority slice, the buyer takes free of the first mortgage — it is extinguished.
• If the association forecloses on more than six months of assessments, it keeps payment priority for the six-month portion, but the first deed of trust survives and the buyer takes subject to it.

D.C. now requires the foreclosure notice to state expressly which of the two scenarios applies.

What it means for a buyer

There are two sides to this. The defensive side: a unit with chronic assessment delinquency — or a foreclosure-auction "deal" unit — carries real risk that the first mortgage was, or could be, extinguished, which makes title and financing review essential. The opportunistic side: a foreclosure-sale purchaser may acquire a unit free and clear of a large mortgage, which is exactly why D.C. has a steady stream of "condo foreclosure flip" litigation between associations, investor-buyers, and mortgage holders.

Either way, the practical defense is the same: surface delinquency before you close.

How to protect yourself

• Request the binding statement of unpaid assessments under §42-1903.13(h). It is binding on the association and is your primary tool for confirming the unit is current.
• Request the full resale certificate under §42-1904.11, including the financials and budget, so you can read the building-wide delinquency rate — not just the subject unit.
• Treat any unit whose title traces to a prior association foreclosure with care, and have title counsel confirm whether a prior mortgage was extinguished and whether the chain is clean.
• If you are buying at or near a foreclosure, confirm from the foreclosure notice whether the sale was on the six-month slice only (mortgage extinguished) or on more than six months (mortgage survives).
• Watch for a high building-wide delinquency rate, which signals systemic super-lien and financial risk beyond your own unit.

A clean unit in a well-collected building carries little of this risk. The danger concentrates in delinquent units, distressed buildings, and bargain-priced foreclosure stock — which is precisely where the documents tell you what the price tag does not.

This article describes D.C. law in general terms and is not legal advice. Statutes and case law change, and the application to a specific unit depends on its facts — confirm the current statute and consult a licensed D.C. attorney and title professional before relying on any cancellation right or title conclusion. CondoSignal reviews the documents you upload and links every finding to the exact page, so you can see assessment, lien, and financial risk before you commit to a purchase.