Techoclaro
PRO
All rights
Step 4Your planKnow your rights8 rights

HOA liens & HOA foreclosure

HOA assessments, liens and foreclosure.

The Constitution

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

State laws

Arizona

State lawVerified Sep 23, 2026

HOA can foreclose only after 18 months of delinquency or $10,000 owed

Ariz. Rev. Stat. § 33-1807(A)

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.

Read this right

California

State lawVerified Sep 23, 2026

HOA cannot foreclose for assessments under $1,800

Cal. Civ. Code § 5720(b)

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.

Read this right

Florida

State lawVerified Sep 23, 2026

HOA must give 45-day notices before a lien and before foreclosing

Fla. Stat. § 720.3085

A Florida homeowners association must give you a written notice with 45 days to pay before it records a claim of lien. Then it cannot file a foreclosure until 45 days after a second notice of its intent to foreclose. These notices give you time to pay, dispute the amount or ask for a payment plan.

Read this right

Georgia

State lawVerified Sep 23, 2026

No property-owners-association foreclosure for liens under $2,000

O.C.G.A. § 44-3-232

In a Georgia community governed by the Georgia Property Owners’ Association Act, the association has a lien for unpaid assessments. But it cannot foreclose that lien unless the amount is at least $2,000. It can still use other ways to collect smaller debts.

Read this right

North Carolina

State lawVerified Sep 23, 2026

Limits on HOA foreclosure: 90 days unpaid, board vote, no power of sale for fines

N.C. Gen. Stat. § 47F-3-116(f), (h)

A North Carolina planned-community association can foreclose its lien only if an assessment has been unpaid for 90 days or more, and only after its board votes to foreclose on your specific lot. A lien made up only of fines (or interest and lawyer fees tied only to fines) can be enforced only through a court foreclosure, not a power of sale.

Read this right

Texas

State lawVerified Sep 23, 2026

Limits on HOA foreclosure: no sale for fines only, court order required

Tex. Prop. Code § 209.009

A Texas HOA may not foreclose if what you owe is only fines (or lawyer fees tied only to fines). To foreclose an assessment lien, the HOA must first get a court order, usually through the expedited Rule 736 process. Before charging you collection-agency fees, it must send a certified letter giving you at least 45 days to pay.

Read this right
State lawVerified Sep 23, 2026

Right to buy back your home after an HOA foreclosure

Tex. Prop. Code § 209.011(b)–(d)

Texas has no redemption after a mortgage foreclosure. But if your homeowners association (HOA) forecloses its assessment lien, you can redeem (buy back) the property within 180 days after the HOA mails you notice of the sale. The buyer cannot transfer the home to anyone else during that time.

Read this right