Can an HOA Legally Put a Lien on Your House?
Nearly 33.6% of U.S. homeowners now live in neighborhoods governed by a homeowners association (HOA), according to 2024 data from the Foundation for Community Association Research. As more housing developments break ground, that number is only expected to rise. While HOAs offer benefits like shared amenities and maintained curb appeal, they also come with rules — and consequences. Whether you’re living in a townhome in Raleigh, NC, or a gated community in Phoenix, AZ, falling behind on HOA dues or violating community guidelines could result in a legal claim against your home. But what exactly does that mean — and can an HOA legally put a lien on your house? In this guide, we’ll break down how HOA liens work, when they can be filed, and what homeowners can do to protect their property.
What is an HOA lien?
An HOA lien is a legal claim your homeowners association can place on your property when you don’t pay required fees or violate certain community rules. This usually happens when a homeowner falls behind on monthly dues, special assessments, or fines issued by the HOA.
The authority to file a lien comes from the community’s governing documents — most commonly the Covenants, Conditions, and Restrictions (CC&Rs) and the HOA’s bylaws. These documents, which homeowners agree to upon purchasing the property, give the association the right to secure unpaid debts through legal means like liens and, in some cases, foreclosure. Once a lien is in place, it can affect your ability to sell or refinance your home until the issue is resolved.
Can an HOA legally put a lien on your house?
Yes, in most cases, an HOA can legally place a lien on your home, and they often don’t need your permission to do it. When you purchase a property in a homeowners association, you agree to follow the terms outlined in the community’s governing documents. These typically include the right for the HOA to file a lien if you don’t pay dues or assessments as required. In some states, the lien is automatic as soon as a payment is missed, while in others, the HOA must first file the lien with the county recorder’s office.
The specific process and legal requirements vary by state, but the power to enforce liens is broadly protected under state laws that recognize the HOA’s authority to collect on unpaid obligations. It’s important to review both your community’s CC&Rs and your state’s statutes to understand how and when a lien can be placed on your home.
Keep in mind that HOA laws vary by state, so it’s important to understand the specific rules and protections that apply where you live.
What happens after a lien is filed?
Once a lien is in place, it becomes part of your property’s public record — and it doesn’t just sit there quietly. In many cases, the amount owed will continue to grow as late fees, interest, and legal costs are added. Your HOA may also notify your mortgage lender, which can trigger further complications if you’re trying to refinance or sell your home.
In most states, the HOA must provide written notice before or shortly after recording the lien. Some associations also require a waiting period before taking further legal action. However, if the balance isn’t resolved, the HOA may escalate the situation by initiating foreclosure proceedings, even if the original debt was relatively small.
State lien laws at a glance
| State | When Can an HOA File a Lien? | Can They Foreclose? |
| California | After any unpaid dues; lien must be recorded | Yes — but only if debt exceeds $1,800 or is 12+ months overdue |
| Texas | Automatically applies when dues are missed (per CC&Rs) | Yes — non-judicial foreclosure allowed |
| Florida | After 45 days of delinquency; written notice required | Yes — judicial foreclosure process |
| Arizona | After unpaid dues of $1,200+ or 12+ months late | Yes — non-judicial foreclosure permitted |
| New York | HOA must file notice of lien in county records | Yes — but typically requires court action |
*Note: Laws vary widely by state and HOA type. Always refer to your state’s statutes and HOA governing documents for the most accurate information.
Can an HOA foreclose on your property?
In some states, yes — an HOA can foreclose on your home to collect unpaid dues. This power is controversial but legal in many parts of the country. Depending on where you live, the HOA may be allowed to foreclose through either a judicial process (going through the court system) or a non-judicial process (without court involvement).
For example, in California, the HOA generally cannot foreclose unless the delinquency exceeds $1,800 or is more than 12 months overdue. In Texas, on the other hand, the rules are less restrictive, and foreclosure can happen more quickly. Either way, once foreclosure begins, you risk losing your home over what may have started as a few missed payments.
What to do if you’re facing an HOA lien
If you’ve received notice of an HOA lien, don’t ignore it. Taking quick action can help prevent the issue from escalating into foreclosure. Follow these steps to protect your home and resolve the situation:
- Review your CC&Rs and state law. Confirm the amount owed and whether the lien has been properly filed. Look for any errors or outdated records that may affect the validity of the claim.
- Contact your HOA early. Reach out as soon as possible to discuss your options. Prompt communication shows good faith and may stop the issue from progressing further.
- Request a payment plan or hardship consideration. Many HOAs are open to flexible solutions, especially if you’re upfront about financial difficulties. Ask about installment options or temporary relief.
- Explore financial solutions and consider ways to cover the debt before it grows.
- Personal loan
- Home equity line of credit (HELOC)
- Home equity investment
- Borrowing from family or selling valuables
- Know when to contact a real estate attorney. If you’re unable to resolve the dispute or if you’re unsure whether the lien is valid, consult an attorney experienced in HOA or property law in your state. Legal advice now could prevent much larger costs later.
What happens after a lien is filed?
The best way to avoid an HOA lien is to stay ahead of your financial and rule-based obligations. Consider setting up automatic payments for dues and staying informed about upcoming special assessments. Review your CC&Rs periodically, especially if there have been rule updates or fee increases.
Attending HOA meetings can also keep you in the loop and give you a voice in how the community is managed. If you’re concerned about how your HOA handles money or enforces rules, getting involved — or even serving on the board can help ensure policies are transparent and fair.
Can an HOA foreclose on your property?
Homeowners facing an HOA lien still have legal rights. In many states, you have the right to receive written notice, dispute the lien, and seek a hearing or mediation before foreclosure can move forward. Some states also place limits on how and when a lien can be enforced, offering extra protection for homeowners with small debts or financial hardships.
If you can’t afford legal help, consider contacting a HUD-certified housing counselor or local legal aid office. Depending on your situation, these organizations can help you understand your options and may even provide free representatio
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