The Association has a lien for unpaid maintenance fees without having to file any papers in the Registry of Deeds. However, this lien does not have priority over unpaid taxes and first mortgages on a unit. In other words, the tax authorities and the holders of first mortgages must be fully paid before others obtain anything from the proceeds of the foreclosure sale. If there is nothing left over after payment of those amounts, the Association can still pursue payment of the amounts due from the unit owner, but it won't get them from the proceeds.

Associations need legal representation in those cases where there might be money left over after paying off the bank. In order to make sure the Association gets what is due it, its attorney must file affidavits in the proper form with the Court.