Colorado and Nevada are two examples of HOA super-lien states. About 20 states have HOA assessment lien super status, but each has specific rules on their use, notes NOLO.
Some other states that allow HOA super-liens include, Alaska, Connecticut, Delaware, Vermont, D.C. and West Virginia, notes the National Law Review. When a homeowners association forecloses on a home to claim super-lien rights, the first mortgage and any other liens the homeowner has taken out on the property are eliminated, and the HOA takes position priority. This means when a property comes under foreclosure in an HOA super-lien state, the homeowners association is repaid the allowable super-lien amount, which is typically for home owner's association fees, without the first mortgage holder getting anything in some cases.