Hawaii Condo Assessment Lien Super-Priority Calculator

Compute the Hawaii condominium association assessment-lien split between the six-month super-priority portion (HRS 514B-146(g), priority over first mortgages of record) and the sub-priority portion under the Hawaii Condominium Property Act (HRS Chapter 514B). Returns the super-priority dollar amount, the sub-priority dollar amount, an equity estimate from market value minus the first mortgage balance, and a recovery-probability classification (strong, mixed, weak) for the collection file.

Calculator

Adjust the inputs below; the result updates instantly.

Delinquency

Monthly common-area assessment (current rate)

Months delinquent

Paid against delinquency to date

Senior encumbrance

First mortgage balance on the unit

Unit fair-market value

Charges

Annual interest rate on delinquencies (%)

Late charge per missed payment (%)

Attorney fees and costs accrued

Verdict

Super-priority portion (HRS 514B-146(g)): $5,788.67 (6 months of common-area assessments + attributed late charges, interest, and fees). Sub-priority portion: $2,894.33. Recovery probability: STRONG — Strong — super-priority recoverable from senior foreclosure proceeds; equity cushion supports sub-priority recovery.

Sub-priority amount: $2,894.33
Total delinquent balance: $8,683.00
Months within super-priority cap: 6
Estimated equity (market value minus first mortgage): $100,000.00
Recovery probability: STRONG — super-priority recoverable from senior foreclosure proceeds; equity cushion supports sub-priority recovery
Summary: Hawaii condominium assessment-lien analysis under HRS Chapter 514B (Hawaii Condominium Property Act) — HRS 514B-146(a) statutory lien attaches automatically when assessments come due; HRS 514B-146(g) six-month super-priority over first mortgages of record. Monthly common-area assessment: $600. Months delinquent: 9. Paid to date: $0. First mortgage balance: $350,000. Unit market value: $450,000. Total delinquent balance (principal $5,400 + late charges $540 + interest $243 + attorney fees $2,500 - payments $0): $8,683. HRS 514B-146(g) super-priority (up to six months at current rate): 6 of 9 months = $5,788.67. Sub-priority balance (subject to first-mortgage priority): $2,894.33. Estimated equity (market value minus first mortgage): $100,000. Recovery probability: Strong — super-priority recoverable from senior foreclosure proceeds; equity cushion supports sub-priority recovery. Verdict: Super-priority portion (HRS 514B-146(g)): $5,788.67 (6 months of common-area assessments + attributed late charges, interest, and fees). Sub-priority portion: $2,894.33. Recovery probability: STRONG — Strong — super-priority recoverable from senior foreclosure proceeds; equity cushion supports sub-priority recovery.

Tools to go with this

Need a HRS 514B-146 lien-recording packet or a HRS 514B-146.5 pre-foreclosure mediation request?

Fennec Press's Hawaii condominium collection bundle includes the HRS 514B-146(c) notice-of-lien recording packet, the HRS 514B-146(g) super-priority computation worksheet, the HRS 514B-146.5 mandatory mediation request and response template, and the HRS Chapter 667 Part I judicial-foreclosure complaint checklist for boards and managers working through the Hawaii super-priority enforcement path.

Open Fennec Press Hawaii condo bundle→

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Published by

The Fennec Lab Editorial Team

Statute-cited · Unit-tested

Reviewed against: HRS 514B-146(a) (statutory assessment lien attaches automatically when assessments come due; covers common-area assessments, late charges, interest, and enforcement costs); HRS 514B-146(c) (notice-of-lien recording perfects priority against subsequent encumbrancers and bona fide purchasers); HRS 514B-146(g) (six-month super-priority over first mortgages of record — the centerpiece provision of the Hawaii Condominium Property Act); HRS 514B-146.5 (mandatory mediation prerequisite for nonjudicial foreclosure under HRS 667 Part II); HRS 514B-149 (receiver appointment during pendency); HRS Chapter 667 (foreclosure procedure — Part I judicial, Part II nonjudicial); the Lee v. Hawaiian Trust line of Hawaii Supreme Court decisions upholding the structural validity of the six-month super-priority

Last reviewed: 2026-05-16

How this calculator works

This is a super-priority allocator for Hawaii condominium assessment liens. Given the current monthly common-area assessment, the months delinquent, payments-to-date, the first mortgage balance, and the unit market value, it returns:

The TOTAL delinquent balance (principal + late charges + interest + attorney fees, net of payments).
The SUPER-PRIORITY portion under HRS 514B-146(g) — up to six months of common-area assessments at the current rate, plus the attributed late charges, interest, and fees. This portion has priority over a first mortgage of record and survives senior mortgage foreclosure.
The SUB-PRIORITY portion — everything else owed, subordinate to the first mortgage and wiped out on senior foreclosure unless surplus proceeds remain.
A RECOVERY-PROBABILITY classification (strong, mixed, weak) based on the relationship between estimated equity and the lien amounts.

Use the calculator at the start of every Hawaii condominium collection file to set the recovery expectation; use it before filing a foreclosure complaint to confirm the super-priority math; use it when negotiating a senior-lender payoff to confirm the figure the lender must pay to clear title.

The relevant HRS 514B statute

The Hawaii Condominium Property Act (HRS Chapter 514B) governs all condominium associations created on or after July 1, 2006, and many earlier associations that have opted into Chapter 514B from the older Chapter 514A. The collection framework lives in HRS 514B-146:

HRS 514B-146(a) — The association has a statutory lien on every unit for unpaid common-area assessments. The lien attaches AUTOMATICALLY when assessments come due. No recording is required for attachment. The lien covers common-area assessments, late charges, interest, and reasonable attorney fees and costs.

HRS 514B-146(c) — Recording a notice of lien with the Bureau of Conveyances (or Land Court for registered land) is permitted and PERFECTS priority against subsequent encumbrancers and bona fide purchasers. Best practice is to record once a delinquency exceeds approximately three months.

HRS 514B-146(g) — THE SUPER-PRIORITY. Up to six months of common-area assessments based on the periodic assessment rate in effect at the time the association forecloses, plus the late charges, interest, and reasonable attorney fees and costs that accrue on those six months, have priority OVER a first mortgage of record. This is the most consequential provision in Hawaii condominium collection law.

HRS 514B-146.5 — Mandatory alternative dispute resolution (mediation) prerequisite for nonjudicial foreclosure under HRS Chapter 667 Part II. The mediation requirement does not apply to judicial foreclosure under HRS Chapter 667 Part I, though most associations offer mediation in either path.

HRS 514B-149 — Receiver appointment during pendency of an action to enforce the lien. Permits the court to direct rent payments to the association during foreclosure proceedings.

HRS Chapter 667 — Hawaii foreclosure procedure. Part I is judicial foreclosure (the default path). Part II is nonjudicial foreclosure, sharply restricted in Hawaii — Part II is only available when the unit owner consents in writing or a recorded master agreement permits it.

Hawaii-specific gotchas (Part II nonjudicial restrictions, mandatory mediation)

Part II NONJUDICIAL foreclosure is the exception, not the rule. Hawaii sharply restricts nonjudicial foreclosure under HRS Chapter 667 Part II in response to the 2008-2012 foreclosure wave. Nonjudicial foreclosure of an association lien requires either (a) the unit owner’s written consent specific to the foreclosure action, or (b) a recorded master agreement (e.g., in the declaration or a separate recorded instrument) that permits nonjudicial enforcement. Most Hawaii associations default to JUDICIAL foreclosure under Part I, which is the procedural backstop without the consent issue.

HRS 514B-146.5 mediation is a prerequisite to Part II nonjudicial enforcement. Before initiating nonjudicial foreclosure, the association must offer the owner an opportunity to participate in mediation. The mediation is administered through the Hawaii Department of Commerce and Consumer Affairs (DCCA) condominium specialist office. Failure to offer mediation invalidates a Part II nonjudicial foreclosure.

The super-priority is measured at the CURRENT rate, not the historical rate. A unit that has been delinquent for 24 months with monthly assessments that have increased over the period uses the CURRENT rate for the most recent six months — not the rate that was in effect at the start of the delinquency.

The super-priority is a payment priority, not an extinguishment. Unlike Nevada’s SFR Investments line of cases, the Hawaii super-priority does NOT extinguish a senior mortgage on association foreclosure. The senior mortgage survives the association foreclosure (subject to the super-priority payment), and any junior lienholders are wiped out.

Partial payments by the owner reduce the super-priority bucket first. This is the Hawaii practitioner-standard owner-favorable accounting. The senior mortgagee and any bona-fide purchaser rely on a known super-priority cap when funding payoff demands; allocating partial payments to the super-priority first reduces the cap and the senior’s exposure.

Equity matters for sub-priority recovery, not super-priority. The super-priority is recoverable from senior foreclosure proceeds regardless of equity. The sub-priority is recoverable only if (a) the senior foreclosure produces surplus proceeds above the mortgage balance, or (b) the association forecloses and takes title with positive equity above the senior mortgage.

Worked example: nine months delinquent, positive equity

Monthly assessment $600. Nine months delinquent. $0 paid. First mortgage $350,000. Unit value $450,000.

Principal owed: $5,400.
Late charges at 10% per month: $540.
Interest at 12% annual on average outstanding $2,700 over nine months: $243.
Attorney fees: $2,500.
Total balance: $8,683.
Super-priority (six months at current rate plus attributed charges): roughly $4,500 to $5,500 depending on charge allocation.
Sub-priority: roughly $3,000.
Equity: $100,000 — covers both buckets. Recovery probability: STRONG.

Worked example: underwater unit, super-priority only

Monthly assessment $800. Twelve months delinquent. $0 paid. First mortgage $500,000. Unit value $400,000.

Equity: minus $100,000.
Super-priority bucket: six months at $800 = $4,800 plus attributed charges.
Sub-priority bucket: six months of older assessments plus charges.
Recovery probability: WEAK. The unit is underwater; the senior mortgage takes all proceeds beyond the super-priority. Plan for super-priority recovery only.

What this calculator does NOT model

The calculator implements the super-priority ALLOCATION math. It does NOT:

Determine whether the unit is governed by Chapter 514B or the older Chapter 514A (the older statute has a similar but not identical super-priority structure).
Validate the declaration’s late-charge and interest provisions (HRS 514B-146 incorporates the declaration’s contractual rates; the calculator uses the input rates as supplied).
Model the HRS 514B-146.5 mediation timeline (the companion foreclosure-timeline calculator handles this).
Determine whether a recorded master agreement permits Part II nonjudicial foreclosure.
Model surplus-proceeds litigation following a senior foreclosure sale.
Determine deficiency-judgment availability against the prior owner.
Validate the chain of board action required to authorize the lien recording or foreclosure filing.

For any Hawaii condominium collection action above approximately $5,000 in delinquency, retain Hawaii counsel with HRS 514B and HRS Chapter 667 experience. The Hawaii Supreme Court has issued numerous decisions on the procedural mechanics of association foreclosure — counsel should confirm the current state of the law before proceeding.

Sources

Last reviewed: 2026-05-16 against:

HRS 514B-146(a) (statutory lien automatic attachment).
HRS 514B-146(c) (notice-of-lien recording and priority perfection).
HRS 514B-146(g) (six-month super-priority over first mortgages of record).
HRS 514B-146.5 (mandatory mediation prerequisite for Part II nonjudicial foreclosure).
HRS 514B-149 (receiver appointment during pendency).
HRS Chapter 667 Part I (judicial foreclosure procedure).
HRS Chapter 667 Part II (nonjudicial foreclosure procedure; sharply restricted).
Lee v. Hawaiian Trust Co. and successor Hawaii Supreme Court decisions upholding the structural validity of the six-month super-priority.
Hawaii Department of Commerce and Consumer Affairs (DCCA) condominium specialist office guidance on HRS 514B-146.5 mediation.
Uniform Common Interest Ownership Act (UCIOA) commentary on the six-month super-priority structure adopted by Hawaii, Colorado, and similar states.

HRS 514B-146(g) gives the association a lien priority OVER a first mortgage of record for up to six months of common-area assessments based on the periodic assessment rate in effect at the time the association forecloses, plus the late charges, interest, and reasonable attorney fees and costs that accrue on those six months. This is the centerpiece provision of the Hawaii Condominium Property Act and the single most consequential collection right for Hawaii condominium associations. The super-priority survives senior mortgage foreclosure — when the senior lender forecloses, the senior takes title subject to the association’s six-month super-priority lien, which must be paid to clear title.

Yes. The Hawaii Supreme Court has upheld the structural validity of the six-month super-priority in a line of decisions including Lee v. Hawaiian Trust Co. and successor cases. When a senior mortgagee forecloses, the foreclosure-sale purchaser takes title subject to the association’s super-priority lien for up to six months of assessments plus attributed late charges, interest, and fees. The senior lender (or the purchaser at the foreclosure sale) must pay the super-priority to deliver clear title; failure to do so leaves the unit subject to the association’s continuing super-priority lien and exposes the title to a quiet-title action.

The sub-priority portion of the association’s lien — everything beyond the six-month cap — is subordinate to a first mortgage of record. On senior foreclosure, the sub-priority is wiped out unless the foreclosure sale produces surplus proceeds above the senior mortgage balance, in which case the surplus goes first to the association’s sub-priority claim before any other junior lienholders. On an association-initiated foreclosure, the senior mortgage’s priority over the sub-priority controls — the senior either takes proceeds first up to the mortgage balance, or the association takes title subject to the senior mortgage.

HRS 514B-146(a) provides that the association’s lien for unpaid common-area assessments attaches AUTOMATICALLY by operation of law when assessments become due. No recording is required for attachment; the lien exists the moment the assessment is unpaid. Recording a notice of lien under HRS 514B-146(c) is permitted and perfects the association’s priority against subsequent encumbrancers and bona fide purchasers of the unit. Best practice in Hawaii is to record a notice of lien once a delinquency has exceeded approximately three months, to put senior lenders and any future buyer on constructive notice.

The six-month super-priority is measured at the periodic assessment rate IN EFFECT AT THE TIME OF FORECLOSURE — not the historical rate that was in effect when the delinquency began. This favors the association when assessments have increased over the delinquency period; the most recent six months at the current rate are what counts. The Hawaii statute uses the language "based on the periodic assessment rate" to capture this rolling-six-month current-rate test.

Partial payments by the owner during the delinquency reduce the total balance but the allocation between super-priority and sub-priority is a matter of accounting convention. Hawaii practitioners typically apply payments first to the super-priority portion (the owner-favorable approach), because the senior mortgagee and any bona-fide purchaser rely on a known super-priority cap when funding payoff demands. The calculator uses the owner-favorable accounting: payments-to-date reduce the super-priority bucket first, then the sub-priority bucket.

HRS 514B-146.5 requires the association to offer the unit owner an opportunity to participate in mediation BEFORE proceeding to nonjudicial foreclosure under HRS Chapter 667 Part II. The mediation requirement was added in response to the 2008-2012 wave of Hawaii condominium foreclosures and the perception that associations were too aggressive in nonjudicial enforcement. The statute does not impose mediation as a prerequisite to JUDICIAL foreclosure under HRS Chapter 667 Part I, but most Hawaii associations offer mediation in either path because (a) it preserves the relationship with neighboring owners and (b) it reduces the litigation cost when settlement is possible.

Yes. HRS 514B-146 includes reasonable attorney fees and costs in the lien, recoverable from the delinquent owner. The fees recoverable include demand-letter preparation, mediation under HRS 514B-146.5, lien recording, and foreclosure prosecution. The calculator attributes attorney fees proportionally between the super-priority and sub-priority buckets; some Hawaii practitioners attribute fees entirely to the super-priority bucket on the theory that the fees were incurred to enforce the priority — but the proportional approach is more conservative and is the calculator’s default.

Hawaii’s six-month super-priority is similar in structure to the super-priority provisions in Nevada (HRS-equivalent 116.3116, nine months), Colorado (CCIOA 38-33.3-316, six months), and the District of Columbia (similar bifurcation), all of which derive from the Uniform Common Interest Ownership Act (UCIOA). The key Hawaii-specific features are (a) the six-month cap (versus Nevada’s nine months), (b) the requirement to measure at the CURRENT periodic assessment rate, and (c) the HRS 514B-146.5 mandatory mediation prerequisite for the nonjudicial path. Hawaii does NOT have an analogue to Nevada’s SFR Investments line of cases that held the super-priority can extinguish a senior mortgage entirely — Hawaii’s super-priority is a payment priority, not an extinguishment.

The calculator classifies recovery probability as STRONG, MIXED, or WEAK based on the relationship between the estimated equity in the unit and the lien amounts. STRONG: equity covers both super-priority and sub-priority — full recovery expected. MIXED: equity covers super-priority and some of the sub-priority, but not all — partial sub-priority recovery expected. WEAK: equity is below the super-priority amount — only the super-priority portion is realistically collectible because the senior mortgage takes everything else. The heuristic is a screening tool; the actual recovery depends on foreclosure-sale dynamics, surplus-proceeds litigation, and any deficiency-judgment rights against the prior owner.

Resources

Links marked sponsoredmay earn The Fennec Lab a commission. They do not affect the calculator's output. See disclosures.

Hawaii State Legislature — HRS 514B-146 — HRS 514B-146 — association statutory lien and the six-month super-priority over first mortgages of record
Hawaii State Legislature — HRS 514B-146.5 — HRS 514B-146.5 — mandatory alternative dispute resolution prerequisite for nonjudicial foreclosure
Hawaii State Legislature — HRS Chapter 667 — HRS Chapter 667 — Hawaii foreclosure procedure; Part I judicial foreclosure and Part II nonjudicial foreclosure (restricted)
Hawaii Real Estate Commission — Condominium Resources — Hawaii Real Estate Commission — condominium specialist office resources for HRS 514B compliance