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State lawVerified Sep 23, 2026HOA liens & HOA foreclosure

HOA cannot foreclose for assessments under $1,800

Cal. Civ. Code § 5720(b)

In plain words

A California homeowners association cannot foreclose to collect regular or special assessments under $1,800 (not counting fees, interest and collection costs). For those debts it must use small claims court or other methods. If an HOA does foreclose through a trustee sale, you have 90 days after the sale to redeem.

Who is protected

Owners in California common-interest developments (HOAs, condos).

When it applies

  • Only in California.
  • Only if you owe your HOA.
Check whether it applies to you

What you can do

  • Ask in writing

    Ask the HOA in writing for an itemized statement separating assessments from fees and interest, and propose a payment plan.

    Open the tool

  • Put the deadline on your calendar

    If an HOA sale happened, mark the 90-day redemption deadline.

    Deadline: 90 days after an HOA foreclosure sale

    Open the tool

  • Read the California guide

    Our California page explains the whole process step by step, with its sources and free local help.

    Open the tool

Honest limits

  • The $1,800 threshold counts only assessments, not late fees, interest or attorney’s fees.
  • The HOA can still sue you or record a lien for smaller amounts.
  • 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

  1. State lawNo HOA foreclosure under $1,800

    Cal. Civ. Code § 5720(b)

    Exact part: (b)

    What it says: An association may not foreclose to collect assessments under $1,800, not counting fees, interest and collection costs.

    Read the official text
  2. State lawHOA sale: 90-day right of redemption

    Cal. Civ. Code § 5715(b)

    Exact part: (b)

    What it says: After an HOA nonjudicial foreclosure sale, the owner may redeem within 90 days.

    Read the official text

Court cases

  • Homeowner wonSame topic
    Bartee 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

U.S. ConstitutionVerified Sep 23, 2026

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.

Read this right