Cal. Civ. Code §5700
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Assessment lien — Priority
Establishes the priority of the assessment lien. The lien is generally subordinate to first deeds of trust and senior mortgages recorded before the lien notice, but it has priority over later-recorded encumbrances. California does not have a "super-priority" for HOA liens over first mortgages.
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Enforcement
| Ref | Requirement |
|---|---|
| California HOAs cannot wipe out a first mortgage through assessment-lien foreclosure. The first mortgage survives the sale. | |
| (a) | The HOA's lien takes its priority position from the day the lien notice is recorded. Anything recorded against the property before that date — like a first mortgage — keeps higher priority. |
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Legal references last verified May 24, 2026.
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