Liens & ForeclosureRI
Can a Rhode Island HOA Foreclose Over Unpaid Dues?
By The HOARebel Team · May 31, 2026 · 3 min read · Updated June 7, 2026
Few HOA threats are scarier than the word "foreclosure." For Rhode Island condominiums, the Condominium Act spells out an assessment lien with structured priority and a hard six-year enforcement clock. For your specific situation, a licensed Rhode Island attorney is the right resource. This is general information, not legal advice.
The condominium assessment lien (§ 34-36.1-3.16)
Under R.I. Gen. Laws § 34-36.1-3.16, the association has an automatic lien on a unit for unpaid assessments. The statute is explicit about priority:
"A lien under this section is prior to all other liens and encumbrances on a unit except" pre-declaration liens, first mortgages recorded before delinquency, and real estate tax liens. — R.I. Gen. Laws § 34-36.1-3.16
But Rhode Island then carves out a super-priority window over a first mortgage for the recent common-expense assessments:
The association's lien takes priority over first mortgages "to the extent of the common expense assessments…which would have become due in the absence of acceleration during the six (6) months immediately preceding the foreclosure" — plus reasonable attorney's fees (capped at $2,500) and foreclosure costs (capped at $5,000). — R.I. Gen. Laws § 34-36.1-3.16
That six-month super-priority is the part that makes Rhode Island lender practice different from a state with no super-priority: a first-mortgage holder typically does not want to lose a piece of its position, so unpaid dues that approach the six-month mark are worth scrutinizing well before then.
The six-year clock
The statute also gives the lien a hard expiration:
A lien for unpaid assessments "is extinguished unless proceedings to enforce the lien are instituted within six (6) years after the full amount of the assessments becomes due." — R.I. Gen. Laws § 34-36.1-3.16
After six years, the lien is unenforceable.
How foreclosure proceeds (§ 34-36.1-3.21)
Rhode Island condominium liens can be foreclosed nonjudicially — the association "may sell the unit ... at public auction" without first filing a court action — and the costs it can add include "publication, advertising and auctioneer costs." The statute builds in notice and a redemption right: the association must mail written notice of the sale to the unit owner and to the first-mortgage holder at least 20 days before publication (certified mail, return receipt), and the sale is subject to a 30-day right of redemption in favor of the first-mortgage holder, who may redeem by paying the assessments, attorney's fees, and costs in full within 30 days of the post-sale notice. Because the process can move without court oversight, the notices and dates are worth watching closely — something a licensed Rhode Island attorney can walk through.
For non-condominium HOAs
For a traditional Rhode Island HOA, § 34-36.1 generally does not apply, and there is no general HOA lien statute. Any lien comes from the recorded declaration, and Rhode Island real-estate foreclosure rules apply. The first step is reading the declaration — and consulting a licensed Rhode Island attorney — to understand what lien right actually exists and how it would be enforced.
The balance is reviewable — and interest is capped
Whatever the source of the lien, the amount, interest, and fees the association adds are governed by the statute (for condos) and the documents, and are reviewable. For condominiums, Rhode Island puts a statutory ceiling on the interest rate: under R.I. Gen. Laws § 34-36.1-3.15, a past-due common-expense assessment "bears interest at the rate established by the association not exceeding twenty-one percent (21%) per year." An association can set a lower rate, but a charge of interest above 21% on delinquent condo assessments would exceed what the statute allows. A balance built on improperly imposed fines, excess interest, or disputed charges is worth scrutinizing before it grows. A records request can reach the ledger showing how the balance was calculated.
Practical takeaways
- For condominiums, the six-month super-priority over a first mortgage is what changes the dynamics — unpaid dues nearing that window deserve early attention.
- The lien is unenforceable after six years from when the assessments became due.
- See Which Rhode Island Laws Govern Your HOA or Condo? for how the layers fit.
For anything approaching actual enforcement, the timeline and defenses are something a licensed Rhode Island attorney should review promptly.