Missouri Condo Assessment Lien Super-Priority Calculator — Six-Month Window (Mo. Rev. Stat. Sec. 448.3-116)

How this calculator works

This is a priority-bucket allocator for a Missouri condominium assessment lien under the Missouri Uniform Condominium Act (Mo. Rev. Stat. Ch. 448). Given the monthly assessment, months delinquent, payments to date, the first-mortgage or deed-of-trust balance, attorneys' fees and costs, late fees, fines, and (optionally) the property's fair-market value, the calculator returns:

1. The super-priority position — the dollar amount that takes priority over the first recorded mortgage or deed of trust under Mo. Rev. Stat. Sec. 448.3-116.2 (six months of periodic common-expense assessments).
2. The sub-priority position — the dollar amount that sits behind the first mortgage in priority but ahead of most subsequent encumbrances (assessments past the six-month window, late fees, fines, and attorneys' fees and costs under Sec. 448.3-116.3).
3. The total net lien after credit for any payments received.
4. The estimated equity in the unit (when property value is supplied) and a probability band for sub-priority recovery in foreclosure.

The super-priority position is typically recovered in full because the first mortgagee or deed-of-trust holder tenders the super-priority amount to preserve its lien priority. The sub-priority position depends materially on equity at the time of the trustee sale; when the property is underwater, sub-priority recovery is typically minimal.

Use the calculator before sending a demand letter, when scoping the collection file, and again before authorizing nonjudicial foreclosure under the Mo. Rev. Stat. Ch. 443 deed-of-trust framework.

The relevant Mo. Rev. Stat. Ch. 448 statute

The Missouri Uniform Condominium Act lives at Mo. Rev. Stat. Ch. 448 and applies in full to condominiums created on or after September 28, 1983. The earlier Missouri Condominium Property Act continues to govern pre-1983 projects in part. The modern Ch. 448 assessment-lien framework has been broadly applied across Missouri condominium practice and is the controlling regime for new and most legacy projects.

Mo. Rev. Stat. Sec. 448.3-116.1 — 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 recorder of deeds preserves priority against subsequent purchasers and lenders.

Mo. Rev. Stat. Sec. 448.3-116.2 — The association lien is prior to all other liens and encumbrances on a unit except (i) liens and encumbrances recorded before the declaration, (ii) a first mortgage or deed of trust recorded before the date on which the assessment sought to be enforced became delinquent, and (iii) liens for real estate taxes and other governmental assessments. The association lien is prior to a recorded first mortgage or deed of trust to the extent of the 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 action to enforce the lien. This six-month window is the standard Uniform Condominium Act formulation adopted by Missouri without modification.

Mo. Rev. Stat. Sec. 448.3-116.3 — Reasonable costs and attorneys' fees incurred in collecting the assessments or foreclosing the lien are recoverable as part of the lien. The fees fall to SUB-PRIORITY by default; the declaration may bring them into super-priority but most Missouri declarations do not.

Mo. Rev. Stat. Ch. 443 — Missouri's deed-of-trust framework governs nonjudicial foreclosure where the declaration grants a power of sale. Missouri is the original deed-of-trust state and the nonjudicial machinery is well-developed.

Missouri-specific gotchas (nonjudicial deed-of-trust foreclosure, 21-day limited redemption window)

SIX MONTHS IS THE STATUTORY MAXIMUM. Unlike Minnesota MCIOA (which offers an expanded twelve-month super-priority on 90-day pre-notice), Missouri's super-priority is capped at six months. There is no pre-notice mechanism to extend the window. Filing nonjudicial foreclosure before the full six months has accumulated captures less than the statutory maximum; waiting beyond six months accrues sub-priority that depends on equity. The optimal collection cadence is to time the trustee-sale notice so the foreclosure is instituted at month six to seven of delinquency.

MISSOURI IS THE ORIGINAL DEED-OF-TRUST STATE. Most Missouri residential financing — including financing on condo units — uses a deed of trust rather than a mortgage. Nonjudicial foreclosure under Mo. Rev. Stat. Ch. 443 is the predominant enforcement method, and the trustee-sale procedure is materially faster than judicial foreclosure in most states. Missouri's foreclosure timeline (default to clear title) is among the fastest in the country at approximately 60 to 90 days when uncontested.

THE 21-DAY REDEMPTION WINDOW IS NARROW AND LIMITED. Mo. Rev. Stat. Sec. 443.290 gives the owner only a 21-day window to redeem after the trustee sale, and the right is limited (it does not extend to bidders who were the foreclosing holder in many cases, and it requires a bond). Compare to Minnesota's 180-day redemption (Sec. 580.23) or Illinois's three-month redemption — Missouri's redemption window is among the shortest in the country and provides the foreclosure-sale purchaser with quick title certainty.

MISSOURI DOES NOT LICENSE COMMUNITY ASSOCIATION MANAGERS. Florida (LCAM), Illinois (CAM), Nevada (CAM), and Virginia (CIC manager) all require state licensure of community association managers. Missouri does not. The Ch. 448 compliance work falls to the association attorney and the managing agent under contract, without a state-licensed CAM as an intermediate quality-control layer. Boards in Missouri condominium projects should expect to engage the association attorney earlier in the delinquency cycle than in states with licensed CAMs.

THE 20-DAY PUBLISHED NOTICE WINDOW IS UNFORGIVING. Under Mo. Rev. Stat. Sec. 443.320, the trustee's notice of sale must be published in a qualified newspaper in the county for 20 days before the scheduled sale. A failure in publication renders the sale voidable and can require the entire foreclosure to be restarted. Most Missouri foreclosure-by-trustee files include a publication tracker maintained by the trustee or association counsel.

FIRST-MORTGAGEE TENDER IS THE TYPICAL OUTCOME. Holders of Missouri deeds of trust routinely tender the six-month super-priority amount once the association serves the trustee sale notice. The economics favor the holder: paying $1,920 (on a $320 monthly assessment) to preserve a $195,000 deed of trust position is straightforward. Associations should expect tender in most cases and structure their collection files accordingly.

ATTORNEYS' FEES FALL TO SUB-PRIORITY BY DEFAULT. Unlike Washington WUCIOA (which includes attorneys' fees in the super-priority position by statute), Missouri Sec. 448.3-116.3 leaves attorneys' fees in the sub-priority bucket unless the declaration provides otherwise. Reading the declaration's collection-cost provisions is the first task in evaluating fee recoverability.

What this calculator does NOT model

The calculator implements the Mo. Rev. Stat. Sec. 448.3-116 SUPER-PRIORITY AND SUB-PRIORITY MATH for a Missouri condominium assessment lien. It does NOT:

• Model the Mo. Rev. Stat. Ch. 443 trustee-sale procedural timeline (publication window, notice service, sale procedure, trustee-deed delivery). Use the companion Missouri Condo Foreclosure Timeline Calculator for that math.
• Model the parallel framework that applies to pre-1983 condominium projects under the prior Missouri Condominium Property Act.
• Validate compliance with the declaration's collection-cost provisions or notice requirements that gate the foreclosure.
• Model the special-assessment ratification mechanics under the Missouri UCA — special assessments may have separate super-priority treatment under some declarations.
• Allocate payments received between super-priority and sub-priority buckets according to the association's collection policy (the calculator credits payments against the total lien).
• Cover horizontal-property-regime projects governed by the prior Condominium Property Act framework.

For any consequential enforcement decision, retain Missouri counsel with Mo. Rev. Stat. Ch. 448 experience to oversee the trustee sale and the priority analysis.

Sources

Last reviewed: 2026-05-17 against:

• Mo. Rev. Stat. Ch. 448 (Missouri Uniform Condominium Act).
• Mo. Rev. Stat. Sec. 448.1-102 — UCA applicability and scope (condominiums created on or after September 28, 1983).
• Mo. Rev. Stat. Sec. 448.3-116.1 — automatic statutory association lien.
• Mo. Rev. Stat. Sec. 448.3-116.2 — six-month default super-priority over the recorded first mortgage or deed of trust.
• Mo. Rev. Stat. Sec. 448.3-116.3 — recoverable reasonable costs and attorneys' fees.
• Mo. Rev. Stat. Ch. 443 — Missouri deed-of-trust framework (nonjudicial foreclosure).
• Mo. Rev. Stat. Sec. 443.290 — limited 21-day owner redemption window after trustee sale.
• Mo. Rev. Stat. Sec. 443.320 — 20-day notice-of-sale publication requirement.
• Community Associations Institute Heartland Chapter practitioner materials covering Missouri and Kansas condominium governance.