Legal & property
Lien
A recorded claim against an owner's property that secures unpaid assessments and can be foreclosed.
Also called: assessment lien · HOA lien · statutory lien
What it means
An HOA lien is a recorded encumbrance against an owner's property securing unpaid assessments, late fees, interest, and (in most states) collection costs. The lien typically attaches automatically the moment assessments become delinquent under the Declaration or state statute, but recording it gives the association priority over later-recorded claims and signals to title companies that the debt has to be cleared at sale. Once a lien exists, the association can usually pursue judicial or non-judicial foreclosure depending on the state, though most states require strict procedural steps and many require pre-foreclosure mediation.
Why it matters
Liens are one of the strongest tools an HOA has, but they're also one of the easiest to mess up procedurally. A defective lien is unenforceable and can expose the board to wrongful-collection claims. Almost every state has specific notice and timing requirements that have to be followed exactly.
Example
An owner is six months behind on dues. The board records a lien per its collections policy. The owner lists the home for sale; at closing, the title company pulls the lien off record by paying the association out of escrow. The lien did its job without a foreclosure ever being needed.
This definition is general orientation, not legal advice. Specific questions about your association should be routed to your attorney or a state-statute resource.
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