# Virginia HOA Foreclosure: The $5,000 Rule (2026) > Under Code of Virginia 55.1-1833, an HOA can file a lien for unpaid assessments, but it cannot conduct a nonjudicial foreclosure sale unless the assessments it has perfected liens for total more than $5,000, not counting attorney fees and costs. That dollar floor is unusual and it protects a lot of owners: a few months of missed dues will not, on its own, trigger a power-of-sale foreclosure. Before filing the lien, the association has to mail the owner a written notice by certified mail at least 10 days ahead. The lien has to be filed within 12 months of when the first unpaid assessment came due, or it is lost. And before a foreclosure sale, the owner gets at least 60 days written notice of the debt and the deadline to cure. _Source: https://hoanotes.com/hoa/virginia/foreclosure/ | Last reviewed 2026-06-03_ ## The $5,000 floor and the notice trail The number is the headline. A Virginia HOA cannot run a nonjudicial foreclosure sale unless the unpaid assessments it has liens for exceed $5,000, and attorney fees and costs do not count toward that total. Many states have no dollar floor at all, so this is a meaningful protection. It does not make a home untouchable, but it keeps a small delinquency from becoming a forced sale. The process around it has hard steps. The association mails a certified pre-lien notice to the owner's last known address at least 10 days before it files the memorandum of lien. The lien itself has to be recorded within 12 months of the first missed assessment. Before any sale, the owner gets at least 60 days written notice spelling out the debt and the cure deadline. Skipping any of these steps is a real defect. ## What to check in the disclosure packet Before you make an offer, confirm: - The seller's assessment ledger and whether any balance is past due. - Whether a memorandum of lien has been recorded against the lot in the circuit court. - Whether any unpaid balance is anywhere near the $5,000 foreclosure floor. - Whether attorney fees and costs have been added, since those do not count toward the $5,000. - Any 60-day foreclosure notice that has already been sent. ## Why this matters to your offer A Virginia HOA lien attaches to the property, so an unpaid balance can become your problem if it is not cleared at closing. The $5,000 floor and the notice steps give an owner room, but a buyer still needs to confirm nothing is outstanding and no lien is recorded. An HOA Notes brief pulls the assessment history, checks the circuit court for a recorded lien, measures any balance against the $5,000 line, and cites the page behind every number so you know the real exposure before you sign. ## What the statute says **Virginia Code section 55.1-1833** (Pre-lien notice and foreclosure threshold). Before filing a memorandum of lien, the association must send written notice to the property owner by certified mail at their last known address at least 10 days before the actual filing; the association may not commence nonjudicial foreclosure unless the total unpaid assessments exceed $5,000 exclusive of attorney fees and costs; before a foreclosure sale, the association must give the owner at least 60 days written notice specifying the debt and the deadline to cure. The association may file a memorandum of lien after providing the required 10-day notice, pursue judicial foreclosure, and recover attorney fees and costs as part of the lien; the association may proceed with nonjudicial foreclosure sale after the 60-day cure period if the debt exceeds $5,000. ## Virginia HOA foreclosure: common questions ### When can a Virginia HOA foreclose? An HOA cannot conduct a nonjudicial foreclosure sale unless the unpaid assessments it has perfected liens for exceed $5,000, exclusive of attorney fees and costs, and the owner has received at least 60 days notice to cure. ### Does the $5,000 include attorney fees? No. The $5,000 foreclosure threshold counts unpaid assessments only. Attorney fees and costs are excluded from that total. ### How much notice before an HOA lien is filed? At least 10 days. The association must send a written certified-mail notice to the owner's last known address before filing the memorandum of lien, and it must file within 12 months of the first unpaid assessment. ### Will an HOA lien transfer to me when I buy? An unpaid HOA lien attaches to the lot and can follow the property if it is not cleared at closing. Confirm any balance is paid off before you close. ## Sources (verified 2026-06-03) 1. Code of Virginia section 55.1-1833 (lien for assessments; foreclosure), Virginia General Assembly. Verified 2026-06-03. https://law.lis.virginia.gov/vacode/title55.1/chapter18/section55.1-1833/ 2. Code of Virginia section 55.1-1833, FindLaw. Verified 2026-06-03. https://codes.findlaw.com/va/title-55-1-property-and-conveyances/va-code-sect-55-1-1833/ 3. Virginia HOA and COA foreclosures, Nolo. Verified 2026-06-03. https://www.nolo.com/legal-encyclopedia/virginia-hoa-coa-foreclosures.html HOA Notes is not a law firm and this is not legal advice.