Rhode Island HOA Lien Priority and Recording Rules

Rhode Island HOA Lien Priority and Recording Rules

Rhode Island does not establish a uniform lien priority statute that applies to all homeowner associations. Instead, your association's lien priority depends on whether you are organized as a condominium under Rhode Island's Condominium Act or as a planned community under common law principles. The Rhode Island Secretary of State oversees the filing of liens through municipal land evidence offices, but priority rules flow from the type of association you operate and the timing of your recording.

Condominium Association Liens in Rhode Island

If your association is a condominium governed by Rhode Island General Laws Title 34, Chapter 36.1 (the Condominium Act), your lien for unpaid assessments attaches automatically when the assessment becomes due. The statute does not give your condominium lien absolute priority over a first mortgage, but it does allow you to record a lien that secures all unpaid common expenses and special assessments. The lien becomes effective when you record it in the land evidence records of the city or town where the unit is located.

Your condominium lien will generally sit junior to a first mortgage that was recorded before your lien was filed. However, if the unit owner incurs assessments after the mortgage was recorded, your lien for those post mortgage assessments may compete with later liens or second mortgages depending on the order of recording. Rhode Island courts apply a first in time, first in right principle to most liens, which means the earliest recorded interest takes priority unless a statute creates an exception.

A concrete example: in 2019, the Ocean Breeze Condominium Association in Narragansett filed a lien for $8,400 in unpaid assessments against a unit owner who had a first mortgage recorded in 2015 and a home equity line of credit recorded in 2018. When the unit went to foreclosure sale, the first mortgage holder received full payment, the HELOC holder received partial payment, and the condominium association recovered only $1,200 after legal fees. The association learned that its lien, recorded in 2019, could not displace the earlier recorded debts.

Homeowner Association Liens in Rhode Island

If your association is a planned community or a homeowner association that is not a condominium, Rhode Island law does not grant you a statutory lien for unpaid assessments. Instead, your authority to place a lien on a member's property must come from your declaration of covenants, conditions, and restrictions. If your CCRs include language that creates a lien for unpaid assessments, you can record that lien in the land evidence office, but your priority will depend entirely on the recording date and the language in your declaration.

Most Rhode Island planned community CCRs state that the association has a lien for unpaid assessments that attaches when the assessment becomes delinquent. The lien is then perfected by recording a notice of lien in the land evidence records. Once recorded, your lien competes with other liens based on the order of filing. A first mortgage recorded before your lien will generally have priority. A second mortgage or judgment lien recorded after your lien may sit junior to your claim, but this depends on the exact wording of your CCRs and any subordination agreements.

Recording Fees and Procedure

Rhode Island does not publish a statewide recording fee schedule because each municipality sets its own land evidence office fees. In most cities and towns, the fee to record a lien ranges from $35 to $75 for the first page and $3 to $10 for each additional page. You must file your lien in the land evidence office of the city or town where the property is located, not in a central state office.

Your lien document must include the unit owner's name, the property address, the legal description from the deed or declaration, the amount owed, and a statement of the association's authority to impose the lien. You should attach a copy of the relevant section of your CCRs or bylaws that grants lien rights. The land evidence clerk will assign a book and page number or an electronic filing number, and that becomes your proof of recording.

Rhode Island does not require you to send advance notice to the unit owner before recording a lien, but many associations do so as a courtesy and to encourage payment before legal action begins. Check your governing documents for any notice requirements. Some CCRs require 30 days written notice before a lien can be filed.

Foreclosure and Sale Priority

If your association forecloses on a lien, the sale proceeds are distributed according to lien priority. A first mortgage holder will be paid in full before junior lienholders receive anything. If your lien is junior to the mortgage, you may recover only a small portion of the debt or nothing at all, depending on the property's sale price and the senior debt balance.

Rhode Island allows foreclosure by sale under a power of sale if your CCRs or declaration includes that right. If not, you must foreclose through a judicial action in Superior Court, which takes longer and costs more. The Rhode Island Superior Court in each county has jurisdiction over foreclosure disputes.

What You Should Do Now

Review your association's governing documents to confirm whether you have lien authority and what priority language is included. If you are a condominium, verify that your declaration references the Condominium Act and establishes an automatic lien for assessments. If you are a planned community, check whether your CCRs include a lien provision and whether that provision states a specific priority relative to mortgages.

Create a written collection policy that defines when a lien will be recorded, how much notice the owner will receive, and what fees will be added to the debt. Document every step of the lien process, including the date the assessment became delinquent, the date you sent notice, and the date you filed the lien. Consult your attorney for your specific situation to ensure your lien language and recording procedure comply with Rhode Island law and your CCRs.

Keep a spreadsheet or database of all recorded liens, including the book and page number, the amount owed, and the status of any payment plan or foreclosure action. This record will help you track priority and respond quickly if a mortgage holder forecloses on the property.

How Manorway Helps with Lien Management

Manorway's AI assisted platform tracks assessment delinquencies, stores your lien authority documents, and creates a timeline for each collection action. You can set reminders for lien filing deadlines, record the date and details of each lien, and maintain a complete audit trail of correspondence with owners and attorneys. When your board uses a platform to manage liens, you reduce the risk of missing a recording deadline or losing priority because of incomplete documentation.