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Reviewed against 33 M.R.S. § 1601-102 (Maine Condominium Act applicability

Maine Condominium Assessment Lien Super-Priority Calculator — Six-Month Window (33 M.R.S. § 1603-116)

Compute the super-priority and sub-priority breakdown of a Maine condominium assessment lien under the Maine Condominium Act (33 M.R.S. § 1601-101 et seq.; UCIOA-derived framework). Models 33 M.R.S. § 1603-116(a) automatic statutory lien; § 1603-116(b) six-month super-priority over the recorded first mortgage; § 1603-116(c) reasonable costs and attorneys' fees recoverable as sub-priority unless the declaration provides otherwise; and § 1603-116(j) foreclosure mechanism channeled into Maine judicial foreclosure under 14 M.R.S. § 6321 et seq. (Maine abolished nonjudicial power-of-sale foreclosure decades ago). Returns the super-priority and sub-priority dollar amounts, the total lien net of payments, and the recovery probability bands for each priority class.

Calculator

Adjust the inputs below; the result updates instantly.

Delinquency

Priority

Sub-priority charges

Verdict

SPLIT PRIORITY. 6 month(s) super-priority assessments ($1950.00) under 33 M.R.S. § 1603-116(b) six-month window; 3 month(s) sub-priority assessments plus late fees, fines, and attorneys' fees ($7775.00). Sub-priority recovery: HIGH based on estimated equity $60000.00.
Sub-priority position (assessments + late fees + attorneys' fees)
$7,775.00
Total lien (net of payments)
$9,725.00
Super-priority window (months)
6
Super-priority months actually used
6
Sub-priority months
3
Estimated equity (property value - first mortgage)
$60,000.00
Super-priority recovery probability
HIGH — typically tendered or recovered
Sub-priority recovery probability
HIGH — typically tendered or recovered
Summary
Maine condominium assessment-lien priority analysis under the Maine Condominium Act (33 M.R.S. § 1601-101 et seq.; UCIOA-derived framework). Statute citations: 33 M.R.S. § 1603-116(a) automatic statutory lien; § 1603-116(b) six-month super-priority over the recorded first mortgage (UCIOA verbatim — no Maine-specific expansion beyond six months); § 1603-116(c) reasonable costs and attorneys' fees recoverable as sub-priority unless the declaration provides otherwise; § 1603-116(j) foreclosure mechanism channeled into Maine judicial foreclosure under 14 M.R.S. § 6321 et seq. (Maine ABOLISHED nonjudicial power-of-sale foreclosure decades ago for residential mortgages). Monthly assessment $325.00; months delinquent 9. Super-priority window: 6 months (33 M.R.S. § 1603-116(b)). Super-priority months: 6. Sub-priority months: 3. Super-priority position: $1950.00 (assessments only — attorneys' fees fall to sub-priority under § 1603-116(c) unless the declaration brings them into super-priority). Sub-priority position: $7775.00 (assessments $975.00 + late fees and fines $300.00 + attorneys' fees and costs $6500.00). Total lien gross: $9725.00. Less payments to date $0.00. Net lien: $9725.00. Property value $275000.00; first mortgage $215000.00; estimated equity $60000.00. Recovery bands: super-priority HIGH; sub-priority HIGH. Regime check: The Maine Condominium Act (33 M.R.S. § 1601-) governs Maine condominiums; older projects under the Maine Unit Ownership Act (33 M.R.S. § 560 et seq.) have partial Condominium Act applicability — confirm which provisions govern the project before relying on this analysis. Procedural note: Maine does not formally license community association managers at the state level. The compliance work falls to the association attorney and the managing agent under contract. Foreclosure under § 1603-116(j) proceeds JUDICIALLY through the Maine Superior Court under 14 M.R.S. § 6321 et seq.; Maine abolished nonjudicial power-of-sale foreclosure decades ago for residential mortgages. Maine imposes a 90-day post-judgment redemption period under 14 M.R.S. § 6322. See the companion Maine condominium foreclosure-timeline calculator. Verdict: SPLIT PRIORITY. 6 month(s) super-priority assessments ($1950.00) under 33 M.R.S. § 1603-116(b) six-month window; 3 month(s) sub-priority assessments plus late fees, fines, and attorneys' fees ($7775.00). Sub-priority recovery: HIGH based on estimated equity $60000.00.

Tools to go with this

Need a 33 M.R.S. § 1603-116 demand-letter template or a Maine condominium collection-policy worksheet?

Fennec Press's Maine condominium enforcement bundle includes the Maine Condominium Act demand-letter template with statutory citations, the payment-allocation policy template aligned to Maine priorities, the first-mortgagee tender notice template that perfects the super-priority recovery, and the Maine judicial-foreclosure complaint and answer-period tracker for the 14 M.R.S. § 6321 foreclosure pathway.

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How this calculator works

This is a priority-bucket model for a Maine condominium assessment lien under the Maine Condominium Act. Given the monthly assessment, months delinquent, payments to date, first-mortgage balance, attorneys' fees and costs, optional property value, and late fees and fines, it returns:

  1. The applicable super-priority window in months (six months under the Maine Condominium Act — Maine adopted the UCIOA framework with no expansion option).
  2. The super-priority dollar amount (assessments only — Maine does not include attorneys' fees in the super-priority position by statute).
  3. The sub-priority dollar amount (assessments beyond the super-priority window, late fees, fines, and attorneys' fees and costs).
  4. The total lien net of payments made to date.
  5. Recovery-probability bands for the super-priority position (typically HIGH because the first mortgagee tenders to preserve priority) and the sub-priority position (depends on estimated equity after the first mortgage).

Use the calculator at the start of every collection file to set the recovery target, again at month four or five to confirm the recoverable amount is on track within the six-month window, and again at the foreclosure decision point to confirm the recoverable amount before filing the Maine judicial-foreclosure complaint under 14 M.R.S. § 6321 et seq.

The relevant 33 M.R.S. § 1601 statute

The Maine Condominium Act lives at 33 M.R.S. § 1601-101 et seq. The framework is UCIOA-derived and tracks the UCIOA article and section numbering. The Maine Condominium Act applies in full to condominiums created in Maine after the Act's effective date. Portions of the Condominium Act — including the assessment-lien and super-priority provisions in § 1603-116 — apply to older condominiums governed by the Maine Unit Ownership Act (33 M.R.S. § 560 et seq.). This calculator implements the super-priority math which generally controls regardless of formation date for Maine condominium projects.

33 M.R.S. § 1603-116(a) — The association has a statutory lien on each unit for any assessment levied against the unit and for fines or other charges imposed under the declaration or bylaws. The lien arises automatically when each assessment becomes due; no recording is required to perfect the lien against the unit owner. Recording with the county registry of deeds (Cumberland, York, Kennebec, Penobscot, and so on) is required to preserve priority against subsequent purchasers and lenders under Maine recording statutes.

33 M.R.S. § 1603-116(b) — six-month super-priority — The association lien is prior to a recorded first mortgage to the extent of common-expense assessments based on the periodic budget which would have become due in the absence of acceleration during the six months immediately preceding institution of the enforcement action. The six-month default matches the UCIOA model and the peer states Delaware, Vermont, Rhode Island, Washington, Colorado, Connecticut, and Illinois. Unlike Minnesota — which has a unique twelve-month expanded super-priority under Minn. Stat. Sec. 515B.3-116(b) when the association pre-notices the first mortgagee — Maine offers NO expansion beyond six months.

33 M.R.S. § 1603-116(c) — Reasonable costs and attorneys' fees incurred in collecting the assessments or foreclosing the lien are recoverable as part of the lien. These costs sit OUTSIDE the super-priority dollar window by default (they are sub-priority) unless the declaration provides otherwise. Maine follows the UCIOA baseline; the declaration may extend super-priority to fees but the statute itself does not.

33 M.R.S. § 1603-116(j) — Maine channels the association lien foreclosure into the general Maine foreclosure machinery, which is judicial-only under 14 M.R.S. § 6321 et seq. Maine abolished nonjudicial power-of-sale foreclosure decades ago for residential mortgages. The Maine judicial pathway typically completes in 12 to 18 months from complaint filing through judgment, foreclosure sale, and the 90-day post-judgment redemption period under 14 M.R.S. § 6322.

Maine-specific gotchas (judicial-only foreclosure with 90-day post-judgment redemption)

JUDICIAL-ONLY FORECLOSURE — NO POWER-OF-SALE PATHWAY. Maine abolished nonjudicial power-of-sale foreclosure decades ago for residential mortgages and most lien instruments. The Maine assessment-lien foreclosure pathway under 33 M.R.S. § 1603-116(j) is channeled into the general Maine foreclosure machinery, which is judicial-only under 14 M.R.S. § 6321 et seq. This is structurally different from UCIOA peers Rhode Island (R.I. Gen. Laws § 34-27 nonjudicial), Washington (RCW 61.24 nonjudicial), and Minnesota (Minn. Stat. § 580 power-of-sale by advertisement) and is the single biggest difference between Maine condominium collection practice and UCIOA peer-state practice.

12-18 MONTH JUDICIAL TIMELINE. The Maine judicial pathway typically runs 12 to 18 months from complaint filing through judgment, foreclosure sale, and the 90-day post-judgment redemption period. This is materially longer than Rhode Island nonjudicial foreclosure (4-6 months under R.I. Gen. Laws § 34-27) and Washington nonjudicial foreclosure (8-10 months). Maine associations should budget for the long collection cycle and plan their reserve and assessment policy to absorb the working-capital impact of delinquent units that remain unresolved through the lengthy judicial process.

90-DAY POST-JUDGMENT REDEMPTION PERIOD. 14 M.R.S. § 6322 imposes a 90-day post-judgment redemption period during which the unit owner can pay the judgment amount plus interest and costs to redeem the property and discharge the foreclosure. Title does not pass to the foreclosure-sale purchaser until the redemption period expires without redemption. This is shorter than Minnesota's 180-day or Vermont's 1-year owner-occupied redemption, but materially longer than Rhode Island's zero-day redemption for nonjudicial sales. The 90-day window adds procedural certainty for owners but extends the practical timeline before the association sees clear title.

MAINE DOES NOT LICENSE COMMUNITY ASSOCIATION MANAGERS. Florida (LCAM), Illinois (CAM), Nevada (CAM), and Virginia (CIC manager) all require state licensure of CAMs. Maine does not. The compliance work falls to the association attorney and the managing agent under contract. Practical effect: boards in Maine condominium projects should expect to engage the association attorney earlier in the delinquency cycle than in states with licensed CAMs because there is no state-licensed manager handling procedural compliance independently. Industry associations (Community Associations Institute New England chapter) offer professional designations (CMCA, AMS, PCAM) on a voluntary basis but they are not state licenses.

ATTORNEYS' FEES ARE NOT IN SUPER-PRIORITY BY DEFAULT. 33 M.R.S. § 1603-116(c) makes reasonable costs and attorneys' fees recoverable as part of the lien but does not extend super-priority over the first mortgage to the fees. This follows the UCIOA baseline. The declaration may provide otherwise — some Maine condominium declarations bring attorneys' fees into the super-priority bucket — but the statutory baseline is sub-priority. Maine judicial-foreclosure attorneys' fees are typically higher than UCIOA-state nonjudicial-foreclosure fees because of the longer 12-18 month court timeline, the Maine Rules of Civil Procedure compliance burden, and the mediation requirement for owner-occupied residential foreclosures under 14 M.R.S. § 6321-A.

NO EXPANSION BEYOND SIX MONTHS. Minnesota offers a twelve-month expanded super-priority under Minn. Stat. Sec. 515B.3-116(b) when the association pre-notices the first mortgagee at least 90 days before enforcement. Maine 33 M.R.S. § 1603-116(b) has NO such expansion mechanism — the super-priority is hard-capped at six months by statute. Declaration provisions purporting to expand the super-priority beyond six months are unenforceable against the first mortgagee under the Maine Condominium Act. Practitioners moving from Minnesota to Maine routinely overestimate the recoverable super-priority by assuming a twelve-month window applies.

SUB-PRIORITY RECOVERY DEPENDS ON EQUITY AND THE 90-DAY REDEMPTION OUTCOME. Because attorneys' fees fall to sub-priority by default in Maine, the sub-priority position is often material relative to the super-priority dollars in any extended collection cycle. The practical effect: Maine associations must look at equity in the unit before deciding whether to pursue sub-priority recovery aggressively. When the property is underwater on the first mortgage, the sub-priority recovery is typically minimal regardless of attorneys'-fee exposure, and the association should consider negotiated payoff or deed-in-lieu alternatives rather than pursuing the foreclosure through judgment plus the 90-day redemption window.

COUNTY-LEVEL REGISTRY OF DEEDS RECORDING. Maine records real-estate documents at the county level through the county registry of deeds — Cumberland (Portland), York (Alfred), Kennebec (Augusta), Penobscot (Bangor), and so on. Confirm the correct county registry of deeds before mailing the lien for recording. Some Maine counties accept electronic recording while others require paper filings.

MEDIATION REQUIREMENT FOR OWNER-OCCUPIED RESIDENTIAL FORECLOSURES. 14 M.R.S. § 6321-A imposes a mediation requirement on owner-occupied residential foreclosures. The mediation typically adds 60-120 days to the Maine judicial-foreclosure timeline and is a procedural cost the association must absorb. Non-owner-occupied units (investor-owned condominium units) are not subject to the mediation requirement but still proceed through the judicial pathway.

What this calculator does NOT model

The calculator implements the Maine Condominium Act super-priority MATH. It does NOT:

  • Model the declaration-driven exception under 33 M.R.S. § 1603-116(c) where the declaration brings attorneys' fees into the super-priority position. If your declaration includes such a provision, the super-priority dollar amount understates the recoverable amount.
  • Validate the Maine judicial-foreclosure pleading standards or compute exact judgment or sale dates from the complaint-filing date.
  • Model the mediation requirement under 14 M.R.S. § 6321-A for owner-occupied residential foreclosures — the mediation adds 60-120 days to the typical timeline and is handled in the companion foreclosure-timeline calculator.
  • Model the recoverable interest — interest is recoverable but the rate and accrual method depend on the declaration and the collection policy.
  • Model payment-allocation rules in detail — the collection policy and § 1603-116 govern allocation between principal, super-priority, sub-priority, fees, and interest.
  • Cover collection under the older Maine Unit Ownership Act (33 M.R.S. § 560 et seq.) provisions that are not displaced by § 1601-102. For pre-Act condominiums, confirm which provisions govern before relying on the calculator output.
  • Model the 90-day post-judgment redemption mechanics under 14 M.R.S. § 6322 — the redemption window is handled in the companion foreclosure-timeline calculator.

For any consequential collection or foreclosure decision, retain Maine counsel with Maine Condominium Act enforcement experience to oversee the procedural compliance review.

Sources

Last reviewed: 2026-05-17 against:

  • 33 M.R.S. § 1601-101 et seq. (Maine Condominium Act — UCIOA-derived framework).
  • 33 M.R.S. § 1601-102 — applicability of the Condominium Act to pre-Act condominiums and the Unit Ownership Act framework.
  • 33 M.R.S. § 1603-116(a) — statutory association lien arising automatically on each assessment.
  • 33 M.R.S. § 1603-116(b) — six-month super-priority over recorded first mortgage (UCIOA verbatim, no Maine expansion).
  • 33 M.R.S. § 1603-116(c) — reasonable costs and attorneys' fees recoverable as part of the lien (sub-priority by default).
  • 33 M.R.S. § 1603-116(j) — foreclosure mechanism channeled into Maine judicial-only foreclosure.
  • 33 M.R.S. § 560 et seq. — Maine Unit Ownership Act (pre-Act condominium framework partially preserved).
  • 14 M.R.S. § 6321 et seq. — Maine judicial foreclosure framework.
  • 14 M.R.S. § 6321-A — mediation requirement for owner-occupied residential foreclosures.
  • 14 M.R.S. § 6322 — 90-day post-judgment redemption period.
  • Community Associations Institute New England chapter practitioner materials on Maine Condominium Act enforcement.

33 M.R.S. § 1603-116(b) gives the association lien priority over the first mortgage for SIX MONTHS of periodic common-expense assessments. Maine adopted the UCIOA framework and matches UCIOA peers Delaware, Vermont, Rhode Island, Washington, Colorado, Connecticut, and Illinois on the six-month default. Unlike Minnesota — which has a unique twelve-month expanded super-priority under Minn. Stat. Sec. 515B.3-116(b) when the association pre-notices the first mortgagee — Maine offers NO expansion beyond six months. The six-month window is fixed by statute and cannot be expanded by declaration override. Practitioners must structure collection workflows to maximize recovery within the six-month window, with particular attention to the long Maine judicial-foreclosure timeline.

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