An owner stopped paying assessments

These are the rules most state HOA acts and most well-drafted Bylaws have in common. Your community’s specific rule may differ — the bylaw concierge surfaces the exact citation.

• Most Declarations grant the association an automatic lien for unpaid assessments at the moment of delinquency, with the lien recorded by the association upon a defined level of arrearage.

• Most state HOA acts require the association to give a written demand letter (often 30-45 days notice) before recording a lien or commencing collection action.

• Late fees, interest, and recovery costs (including attorneys' fees) are usually recoverable — but only if the Declaration or Bylaws expressly authorise them.

• Foreclosure is generally available to the association as a remedy, but procedure varies dramatically by state — some require judicial foreclosure, some allow non-judicial, some restrict foreclosure to defined arrearage thresholds.

1. 1

   Send the first late notice on the day the assessment is delinquent. Use a templated, neutral letter — not a personalised one. Consistency is the legal record.

2. 2

   Use the bylaw concierge to confirm: "What is our collections sequence, what late fees are authorised, and at what arrearage do we record a lien?" — get the section back with a citation.

3. 3

   Offer a written payment plan once. Most state HOA acts require the association to consider a hardship payment plan, and a recorded plan converts a write-off into recoverable receivable.

4. 4

   Send the statutory pre-lien demand at the threshold defined in your state act and Declaration — usually 30-45 days before lien recording.

5. 5

   Record the lien on schedule. Don't delay past the threshold to "give them another chance" — the consistent application is what protects the association from selective-enforcement claims.

6. 6

   Engage collections counsel for foreclosure or judgment action only after the pre-foreclosure demands are exhausted. Track every notice, return receipt, and response in the file.

• Don't accept partial payments without written allocation terms. A partial payment can reset the statute of limitations or be construed as accepting current dues over older balances — get the allocation in writing.

• Avoid treating delinquent owners differently. Selective enforcement is a viable defence and a common cause of lien-invalidation lawsuits.

• Don't strip access to community amenities (pools, gates) without a Bylaws or Declaration provision authorising it. Most jurisdictions require explicit authority for amenity suspension.

These are general orientation only and are not legal advice. Specifics vary by state and by your governing documents — review with counsel before acting.

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