# HOA Assessment Lien Rules by State (2026): Notice, Priority, and What a Buyer Owes > In the states HOA Notes covers, a homeowners association can record a lien on a home for unpaid assessments, and that lien generally has to be cleared at closing because it follows the property. Most of these states require written notice before the association records the lien or forecloses it, and several cap the late fees and interest the balance can carry. Two points matter most to a buyer: in Nevada the lien is 'superpriority' for the last nine months of assessments and can sit ahead of a first mortgage, so foreclosing that piece can wipe the mortgage out, and in Illinois a buyer at or after a mortgage foreclosure can owe up to six months of the prior owner's unpaid condominium assessments. Illinois is also the outlier on notice, since a condo association's lien is automatic, with no filing or warning. Find your state in the table below, then confirm there is no delinquent balance before you close. _Source: https://hoanotes.com/hoa/topics/hoa-assessment-lien-rules/ | Last reviewed 2026-06-08_ ## Assessment lien rules by state | State | What the law does | Statute | | --- | --- | --- | | [California](/hoa/california/assessment-liens/) | At least 30 days before recording a lien, the HOA must mail a certified, itemized notice and offer a board meeting, internal dispute resolution, and outside ADR. | Civil Code section 5660 | | [Florida](/hoa/florida/assessment-liens/) | Two separate 45-day notices come before a lien leads to foreclosure; interest defaults to 18 percent and the administrative late fee is capped at the greater of $25 or 5 percent. | Florida Statutes section 720.3085(4) and (5) | | [Texas](/hoa/texas/assessment-liens/) | Since HB 886 in 2023, a first-class notice, a certified notice at least 30 days later, and a 90-day wait - about 120 days total - come before a lien can be recorded. | Texas Property Code section 209.0094 | | [Nevada](/hoa/nevada/superpriority-lien/) | An HOA lien is 'superpriority' for the nine months of assessments before enforcement, sitting ahead of a first mortgage, so foreclosing that piece can wipe the mortgage out. | Nevada Revised Statutes section 116.3116 | | [Arizona](/hoa/arizona/assessment-liens/) | Before sending an account to an attorney or a collection agency, the HOA must give 30 days' written notice, in boldface or capitals, that the owner can pay or arrange a plan. | Arizona Revised Statutes section 33-1807(L) | | [North Carolina](/hoa/north-carolina/assessment-liens/) | An assessment unpaid 30 days or more can become a lien after a 15-day mailed statement to three addresses; the filed lien can include attorney fees and collection costs. | North Carolina General Statutes section 47F-3-116(b) and section 47C-3-116(b) | | [Illinois](/hoa/illinois/assessment-liens-and-foreclosure/) | A condominium association's lien is automatic on default, with no filing or notice; a buyer at or after a mortgage foreclosure can owe up to six months of the prior owner's assessments. | 765 ILCS 605/9(g) | | [Washington](/hoa/washington/foreclosure-and-liens/) | Under WUCIOA there is no lien foreclosure unless the owner owes the greater of three months or $2,000 in assessments for 90 days or more; a late fee is capped at the lesser of $50 or 5 percent. | Washington Revised Code 64.90.485 | ## Can an HOA put a lien on your house? Yes. When an owner falls behind on regular or special assessments, the association can place a lien on the home for what is owed, often growing with interest, late fees, and collection costs. The lien is against the property, so an unpaid balance can follow the home to the next owner if it is not cleared at closing. What the association has to do first is where states differ. California, Arizona, Texas, North Carolina, Florida, and Washington each require some form of advance written notice before the lien is recorded or foreclosed. Illinois is the exception for condominiums, where the lien attaches automatically on default without any filing or notice. ## What a lien costs, and where it sits against your mortgage An HOA lien usually sits behind real estate taxes and an earlier recorded mortgage. Nevada is the important exception: its lien is superpriority for the nine months of assessments due just before enforcement, which sits ahead of even a first deed of trust, so a foreclosure of that portion can extinguish the mortgage. Several states limit what the lien can carry. Florida defaults interest to 18 percent and caps the administrative late fee at the greater of $25 or 5 percent, while Washington caps a late fee at the lesser of $50 or 5 percent and bars a foreclosure until the owner owes the greater of three months or $2,000 in assessments for at least 90 days. ## What to check about liens before you buy In the disclosure packet, read for: - The current account balance and any recorded lien on the specific home. - The association's collection policy and how quickly it escalates to a lien. - In Illinois, whether the community is a condominium, since the automatic lien and the six-month buyer liability are condo rules. - The overall delinquency rate, which signals the association's financial health and how aggressive its collections are. ## HOA assessment liens by state: common questions ### Can an HOA put a lien on your house for unpaid dues? Yes. In the states HOA Notes covers, an HOA can record a lien for unpaid assessments, and the lien runs with the property. Most states require advance notice first; see the table above for your state. ### Does an HOA lien come before your mortgage? Usually no, but Nevada is a major exception. There the HOA lien is superpriority for the last nine months of assessments and sits ahead of a first mortgage, so foreclosing that piece can wipe the mortgage out. Most other states put the HOA lien behind an earlier recorded mortgage. ### Do I have to pay the previous owner's HOA debt? An unpaid assessment lien follows the property, so it normally has to be cleared at closing. In Illinois, a buyer at or after a mortgage foreclosure can be charged up to six months of the prior owner's unpaid condominium assessments. Confirm there is no delinquent balance before you close. ### How do I check for an HOA lien before buying? Read the account ledger for the home, the collection policy, and any recorded lien in the disclosure packet, and confirm the balance is zero at closing. An HOA Notes brief flags the lien status and collection terms against your state's statute. ## Sources (verified 2026-06-08) 1. California Civil Code section 5660 (pre-lien notice requirements), California Legislative Information. Verified 2026-05-31. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=5660.&lawCode=CIV 2. Florida Statutes section 720.3085 (payment for assessments; lien claims), The Florida Legislature. Verified 2026-06-03. https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/Sections/0720.3085.html 3. Texas Property Code section 209.0094 (assessment lien filing), Texas Statutes, Texas Legislature. Verified 2026-06-03. https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm 4. Nevada Revised Statutes section 116.3116 (liens against units for assessments), Justia. Verified 2026-06-03. https://law.justia.com/codes/nevada/chapter-116/statute-116-3116/ 5. Arizona Revised Statutes section 33-1807 (common expense liens; notice), Arizona State Legislature. Verified 2026-06-03. https://www.azleg.gov/ars/33/01807.htm 6. North Carolina General Statutes section 47F-3-116 (lien; pre-lien notice), North Carolina General Assembly. Verified 2026-06-03. https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47F/GS_47F-3-116.html 7. 765 ILCS 605/9 (Illinois Condominium Property Act; assessment lien), Illinois General Assembly. Verified 2026-06-03. https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=076506050K9 8. Revised Code of Washington 64.90.485 (assessments; liens; foreclosure), Washington State Legislature. Verified 2026-06-03. https://app.leg.wa.gov/RCW/default.aspx?cite=64.90.485 HOA Notes is not a law firm and this is not legal advice.