HOA can foreclose only after 18 months of delinquency or $10,000 owed
Ariz. Rev. Stat. § 33-1807(A)
In plain words
An Arizona planned-community association can foreclose its assessment lien only if you have been behind for 18 months or owe $10,000 or more, whichever comes first. Before filing, the board must make reasonable efforts to talk with you and offer a reasonable payment plan.
Who is protected
Owners in Arizona planned communities (HOAs).
When it applies
- Only in Arizona.
- Only if you owe your HOA.
What you can do
Ask in writing
Ask the association in writing for a ledger and the reasonable payment plan the law requires it to offer.
Open the toolRead the Arizona guide
Our Arizona page explains the whole process step by step, with its sources and free local help.
Open the tool
Honest limits
- Condominiums follow a similar but separate statute (A.R.S. § 33-1256).
- This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.
The law
- State lawHOA lien foreclosure thresholds
Ariz. Rev. Stat. § 33-1807(A)
Exact part: (A)
What it says: A lien may be foreclosed only after 18 months of delinquency or $10,000, and the board must offer a payment plan first.
Read the official texthttps://www.azleg.gov/ars/33/01807.htm
Court cases
- Homeowner wonSame topicBartee v. Tara Colony Homeowners Ass'n
Bartee v. Tara Colony Homeowners Ass'n (In re Bartee), 212 F.3d 277 (5th Cir. 2000)
Chapter 13's anti-modification rule does not protect a junior lienholder whose lien is not supported by any value in the debtor's home
Related rights
The right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
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