LiensCA
California HOA Assessment Lien Priority: Where It Stands vs. Your Mortgage
By The HOARebel Team · May 26, 2026 · 2 min read
Priority decides which lienholder gets paid first when a California home is sold or foreclosed. For HOA assessment liens, the Davis-Stirling Act sets a clear — and limited — rule. This is general information, not legal advice. Davis-Stirling works alongside the recorded mortgage, the governing documents, and general California lien law.
The lien is prior to later-recorded liens
The core rule in §5680 keys priority to the date the association records its notice of delinquent assessment:
"A lien created pursuant to Section 5675 shall be prior to all other liens recorded subsequent to the notice of delinquent assessment" — §5680, Cal. Civ. Code
The flip side matters just as much: the assessment lien is not automatically ahead of interests recorded before the notice. A first mortgage (deed of trust) recorded before the association's lien generally keeps its senior position. The statute also allows the declaration to subordinate the lien to other interests.
What this means in practice
Because most homeowners' mortgages are recorded when they buy — long before any assessment delinquency — a California assessment lien usually sits behind the first mortgage. When the first mortgage forecloses, junior liens (including the assessment lien) can be wiped from title, though the underlying debt and the association's other remedies are a separate question.
The bigger picture
A California assessment lien is prior to liens recorded after the notice of delinquent assessment, but generally junior to an earlier-recorded first mortgage, and the declaration can subordinate it further. How this plays out depends on the recording dates and documents in a specific case, so a licensed California attorney is the appropriate resource. For how the lien is created, see California HOA Assessment Liens Explained; for enforcement and the $1,800/12-month limit, see Can My HOA Foreclose on My Home in California?.
Frequently asked questions
Does a California HOA lien come ahead of my mortgage?
Usually not if the mortgage was recorded first. Under §5680 the assessment lien is prior to liens recorded after the notice of delinquent assessment — so an earlier-recorded first mortgage generally stays senior.
What happens to the HOA lien if my mortgage lender forecloses?
A junior assessment lien can be eliminated from title by a senior mortgage's foreclosure. Whether the association retains other remedies for the debt is a separate, fact-specific question.
Can the HOA's lien be made even lower priority?
Yes. Section 5680 allows the declaration to provide for subordination of the assessment lien to other liens and encumbrances.