HOA topic guide
Can my HOA foreclose on my home for unpaid dues?
HOA assessment liens and foreclosure are the most powerful tools in the association's collection arsenal — and among the most legally constrained. An HOA lien typically takes priority over other junior liens (though not a first mortgage) and can be foreclosed either through a judicial process or, in many states, a non-judicial trustee's sale. The collection process is step-by-step, and most governing documents and state statutes require progressive escalation before foreclosure may commence: demand letter, lien filing, and at least one opportunity to cure. Federal law (the SCRA) and state statutes create additional procedural protections for service members and, in some states, owner-occupants.
What most CC&Rs say
Most governing documents establish a collection policy that begins with a delinquency notice after assessments are 30-60 days past due. After 90 days, many documents authorize recording a lien in the county recorder's office. The lien accrues interest (commonly 12-18% annually), collection costs, and attorney's fees. Foreclosure action typically requires a board resolution and 30-day notice. Many states require mediation before a judicial foreclosure can proceed. Payment plans must often be offered at some point in the process. Some states cap the circumstances under which an HOA may foreclose — for example, prohibiting foreclosure for amounts below a threshold or requiring priority of mortgage lenders.
Every HOA's governing documents differ. The patterns above reflect common drafting conventions — your CC&Rs may be more or less restrictive.
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