HOA rules by state
HOA foreclosure rules by state
Compare when and how a homeowners association can foreclose for unpaid assessments across the states HOA Notes covers, with the statute behind each and a link to the full state guide.
Foreclosure rules by state
Each row links to that state's full guide. Scroll the table sideways on a phone.
| State | What the law does | Statute | Full guide |
|---|---|---|---|
| Texas | An HOA cannot use a private trustee's sale; foreclosing an assessment lien requires a court order. | Texas Property Code section 209.0092 | Texas details → |
| Virginia | No nonjudicial foreclosure unless perfected assessment liens exceed a dollar threshold, after a pre-lien notice. | Virginia Code section 55.1-1833 | Virginia details → |
| Arizona | No foreclosure over a small balance; a minimum amount and time delinquent must be met first. | Arizona Revised Statutes section 33-1807 and section 33-1256 | Arizona details → |
| Colorado | A pre-lien delinquency notice is required, and foreclosure is limited by amount and a recorded board vote. | Colorado Revised Statutes section 38-33.3-316 | Colorado details → |
| Nevada | A set pre-foreclosure notice sequence must be followed before any lien sale. | Nevada Revised Statutes section 116.31162 | Nevada details → |
| North Carolina | Foreclosure only after the debt is 90+ days unpaid and the board votes; fine-only liens are limited. | North Carolina General Statutes section 47F-3-116(f) and (h) and section 47C-3-116(f) and (h) | North Carolina details → |
| Washington | Pre-lien notice, a late-fee cap, and a minimum amount owed before a lien foreclosure can begin. | Washington Revised Code 64.90.485 | Washington details → |
| Illinois | A condominium association's assessment lien is automatic; a condo-specific process governs collection. | 765 ILCS 605/9(g) | Illinois details → |
Each state's rule is sourced to that state's statute on the linked page. Statutes change; confirm the current text before relying on it.
When can an HOA foreclose on your home?
An HOA foreclosure starts with unpaid assessments, not a missed mortgage payment. Once an owner falls behind, the association can record a lien for what is owed, and after the state's conditions are met it can move to sell the home to collect.
What those conditions are is where states differ. Some set a minimum amount or a minimum number of months delinquent before a sale is allowed, some require the board to vote to foreclose on the record, and some require the matter to go through a court. The table shows each state's rule.
What protections limit HOA foreclosure?
Common limits a buyer should look for, which vary by state:
- A minimum delinquency, in dollars or months, before any foreclosure can begin.
- A written pre-lien notice and a chance to cure the balance.
- A recorded board vote authorizing the foreclosure.
- A requirement that the foreclosure go through a court rather than a private sale.
- Limits on foreclosing for unpaid fines alone, as opposed to unpaid assessments.
How do I check foreclosure risk before I 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.
- Recent board minutes for any foreclosure votes or collection actions.
- The reserve and budget health, since hard collection often tracks financial stress.
Get your HOA packet read against your state's law.
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Order a brief for your packetHOA foreclosure by state: common questions
Can an HOA foreclose on your home for unpaid dues?
In most states HOA Notes covers, yes - an HOA can record a lien for unpaid assessments and, once the state's conditions are met, foreclose. The conditions and thresholds vary by state; see the table above.
How much do you have to owe before an HOA can foreclose?
It depends on the state. Several set a minimum dollar amount or a minimum number of months delinquent before a foreclosure can begin. Open your state's page for the exact threshold.
Does an HOA have to go to court to foreclose?
In some states, yes. Texas, for example, requires a court order rather than a private trustee's sale. Other states allow a nonjudicial sale once the requirements are met. Check your state's page.
How do I find an HOA's foreclosure and collection rules?
Read the association's collection policy, the account ledger for the home, and recent board minutes in the disclosure packet. An HOA Notes brief flags the lien status and the collection terms against your state's statute.
Sources, verified 2026-06-07
Each state's rule in the table is taken from that state's HOA foreclosure statute and verified against the primary source shown below; open a state's page for its full source list. Statutes change; confirm the current text before relying on it.
- Texas Property Code section 209.0092 (foreclosure sale of assessment lien; court order), Texas Statutes, Texas Legislature. Verified 2026-06-03. statutes.capitol.texas.gov
- Code of Virginia section 55.1-1833 (lien for assessments; foreclosure), Virginia General Assembly. Verified 2026-06-03. law.lis.virginia.gov
- Arizona Revised Statutes section 33-1807 (common expense liens; foreclosure threshold), Arizona State Legislature. Verified 2026-06-03. azleg.gov
- Colorado Revised Statutes section 38-33.3-316 (lien for assessments; limitations), Justia. Verified 2026-06-03. law.justia.com
- Nevada Revised Statutes section 116.31162 (foreclosure of liens; notice; cure period), Justia. Verified 2026-06-03. law.justia.com
- North Carolina General Statutes section 47F-3-116 (lien; enforcement), North Carolina General Assembly. Verified 2026-06-03. ncleg.gov
- Revised Code of Washington 64.90.485 (assessments; liens; foreclosure), Washington State Legislature. Verified 2026-06-03. app.leg.wa.gov
- 765 ILCS 605/9 (Illinois Condominium Property Act; assessment lien), Illinois General Assembly. Verified 2026-06-03. ilga.gov
About this page
Last reviewed 2026-06-07. This page is a general buyer guide and a description of the HOA Notes service. HOA Notes is not a law firm and this is not legal advice. State statutes change and have exceptions; each citation was verified against the primary source on the date shown. Consult a real estate attorney in the relevant state before relying on any legal right described here.