If your home, condominium, or townhome is part of a homeowner's association (HOA), you'll most likely have to pay dues and sometimes one-time assessments (collectively referred to as "assessments."). If you don't pay the HOA assessments, the homeowner's association can initiate foreclosure proceedings. An HOA foreclosure is similar to a foreclosure of your home by a mortgage lender. But there are a few differences.
Below you can learn how HOAs work, the basics of HOA lien foreclosure, defenses you might have to an HOA foreclosure, and more.
When you buy a house in a new subdivision or planned unit development, you may be subject to a host of rules and regulations.
In some states, homeowner association liens are given special status, called super liens.
If you live in a condo, townhome, or house that's part of a homeowner's association, you'll be subject to the rules in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs;).
If you live in a planned community, such as a condo or townhome, you may have to pay special HOA assessments in addition to monthly HOA fees.
If you don't pay your HOA fees, the HOA might be able to foreclose on your home. But don’t panic—you could have a defense.
If you don't pay homeowner's association (HOA) dues or assessments, the HOA can foreclose on your home, condo, or townhome.
Here's how homeowners association fees are treated in Chapter 13 bankruptcy.
What happens to HOA dues in Chapter 7 bankruptcy depends on whether you plan to keep or surrender your home.
In some states, homeowners' association liens are given a special status. These liens are called "super liens."
The answer depends on priority.
If you don't pay your HOA fees, the HOA might be able to foreclose on your home. But don’t panic—you could have a defense.
What kinds of rules and restrictions does your HOA have? Find out in the CC&Rs.
If you fail to pay homeowners' association dues or assessments, the HOA might foreclose.
In some states, homeowners' association liens are given a special status. These liens are called "super liens."
If you don't pay your HOA fees, the HOA might be able to foreclose on your home. But don’t panic—you could have a defense.
If you don't pay homeowner's association (HOA) dues or assessments, the HOA can foreclose on your home, condo, or townhome.
If you get behind in HOA dues, you might lose your home to foreclosure—even if you're current on your mortgage.
Learn about possible options to get current on HOA dues and avoid foreclosure.
The homeowners’ association might place a lien on your home, sue you, take away your privileges, or foreclose.
If you fail to pay your HOA fees in California, the association can get a lien on your property and might foreclose on your home.
If you fail to pay your HOA or COA assessments in New York, the association can get a lien on your property and might foreclose on your home.
If you fail to pay your HOA or COA assessments in Texas, the association can usually get a lien on your home and might foreclose.
Learn about Florida's HOA and COA laws and foreclosures.
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At Nolo, we prioritize quality and transparency because we know how important reliable legal information is to our readers. Our information is meticulously researched, regularly updated, and written in plain English by our experienced writers and editors. Learn more about our editorial standards.