HOA Foreclosure Risk Checker
What state law says an association can do when dues go unpaid: how foreclosure works, any minimum debt, who gets paid first, and the owner's rights after a sale.
When dues go unpaid, an association can put a lien on the home. In many states it can then go further and foreclose. How far, and how fast, depends on state law. Some states make the association go to court. Some let it sell the home without a judge. A few make it wait until the debt passes a set amount or a set number of months. Pick a state to see the rules: how foreclosure works there, any minimum debt, whether the association gets paid before the mortgage (a super lien), and whether an owner can get the home back after a sale (redemption). Every answer links to the official law. The data comes from the same statutory research behind the HOA Weekly state guides.
Foreclosure rules at a glance: all 51 jurisdictions
The table shows the general rule for each state. The checker above adds the detail: what counts toward a minimum, which kind of sale lets an owner buy the home back, and the exact statutory text.
| Jurisdiction | Foreclosure method (HOA) | Minimum debt floor | Super lien | Condominiums | Governing act |
|---|
| Alabama | judicial and nonjudicial | none | no | differs; see checker | Ala. Code § 35-20-1 et seq. |
| Alaska | judicial only | none | yes | same rules | AS ch. 34.08 (AS 34.08.010 et seq.); "planned community" is ACIOA's term for a non-condominium, non-cooperative HOA, defined at AS 34.08.990(24) |
| Arizona | judicial only | $10,000 or 18 months (judicial only) | no | differs; see checker | A.R.S. § 33-1807 |
| Arkansas | unsettled | none | no | differs; see checker | No dedicated Title 18 chapter for non-condominium common-interest communities (reviewed in full); contrast Ark. Code § 18-13-101 et seq., which covers only condominiums |
| California | judicial and nonjudicial | $1,800 or 12 months | no | same rules | Cal. Civ. Code § 4000 et seq. |
| Colorado | judicial only | 6 months (judicial only) | yes | same rules | C.R.S. § 38-33.3-101 et seq. |
| Connecticut | judicial only | 2 months | yes | same rules | Conn. Gen. Stat. § 47-200 et seq., Chapter 828 |
| Delaware | judicial only | 3 months | yes | differs; see checker | 25 Del. C. § 81-316 |
| District of Columbia | unsettled | none | no | differs; see checker | D.C. Code § 29-401.01 et seq. (governance only; no HOA-specific lien or foreclosure provisions exist anywhere in the DC Code) |
| Florida | judicial only | none | no | differs; see checker | Fla. Stat. § 720.3085 |
| Georgia | judicial only | $2,000 (judicial only) | no | differs; see checker | O.C.G.A. § 44-3-220 et seq. (assessment lien and foreclosure at § 44-3-232) |
| Hawaii | judicial and nonjudicial | none | no | differs; see checker | Haw. Rev. Stat. § 421J-10.5 |
| Idaho | judicial; trustee sale unsettled | none | no | differs; see checker | Idaho Code § 55-3201 et seq. (Title 55, ch. 32) |
| Illinois | unsettled | none | no | differs; see checker | 765 ILCS 160/1-1 et seq. |
| Indiana | judicial only | none | no | differs; see checker | Ind. Code ch. 32-28-14 |
| Iowa | unsettled | none | no | differs; see checker | Iowa Code ch. 504 (Revised Iowa Nonprofit Corporation Act), esp. section 504.302(14); no HOA-specific lien or foreclosure statute exists in the Iowa Code |
| Kansas | unsettled | none | no | differs; see checker | K.S.A. § 58-4601 et seq. (Kansas Uniform Common Interest Owners Bill of Rights Act -- governance only, no lien); cf. K.S.A. § 58-3701 et seq. (Townhouse Ownership Act, opt-in lien framework) |
| Kentucky | judicial only | none | no | differs; see checker | KRS 381.785 to 381.801 (continuing lien: § 381.799) |
| Louisiana | judicial only | 3 months | no | differs; see checker | La. R.S. 9:1141.1 et seq. |
| Maine | unsettled | none | no | differs; see checker | 14 M.R.S. § 6321 et seq. (general civil-action foreclosure procedure); no HOA-specific lien or foreclosure provisions exist anywhere in Title 33 |
| Maryland | judicial and nonjudicial | none | yes | differs; see checker | Md. Code Ann., Real Prop. §§ 11B-101 to 11B-118 |
| Massachusetts | unsettled | none | no | differs; see checker | Mass. Gen. Laws ch. 180 (Corporations for Charitable and Certain Other Purposes) |
| Michigan | unsettled | none | no | differs; see checker | Mich. Comp. Laws § 450.2101 et seq. (Nonprofit Corporation Act -- governance only, creates no lien); cf. Mich. Comp. Laws § 600.3101 et seq. and § 600.3201 et seq. (general mortgage-foreclosure chapters, limited by their own terms to mortgages of real estate and, for judicial foreclosure, land contracts) |
| Minnesota | judicial and nonjudicial | none | yes | differs; see checker | Minn. Stat. ch. 515B; assessment lien and foreclosure at § 515B.3-116 |
| Mississippi | judicial; trustee sale unsettled | none | no | differs; see checker | No dedicated Title 89 or Title 79 chapter governs non-condominium common-interest-community assessment liens or foreclosure (Title 89 Ch. 9 reviewed in full and confirmed condominium-only by its own citation clause); contrast Miss. Code Ann. §§ 79-11-751 to -759 (managing-agent fund-handling only, created by H.B. 953 (2021), amended by H.B. 933 (2022)) and § 79-11-101 et seq. (Nonprofit Corporation Act, governance only) |
| Missouri | unsettled | unsettled | no | differs; see checker | No dedicated chapter for non-condominium common-interest communities anywhere in Title XXIX (Chs. 441-448, reviewed via the Title's chapter index); contrast Mo. Rev. Stat. § 448.1-101 et seq., Ch. 448, which covers only condominiums created after September 28, 1983 |
| Montana | judicial and nonjudicial | none | no | differs; see checker | No dedicated Title 70 chapter grants a statutory non-condominium HOA lien (Title 70, ch. 17, pt. 9 reviewed in full); contrast Mont. Code Ann. § 70-23-607, which grants condominium associations alone a statutory lien. Non-condo HOAs typically incorporate under the Montana Nonprofit Corporation Act, Mont. Code Ann. § 35-2-113 et seq. (governance only -- boards, meetings, member rights -- no lien or foreclosure provisions). |
| Nebraska | judicial only | none | no | differs; see checker | Neb. Rev. Stat. § 52-2001 (assessment lien, priority, and foreclosure); Neb. Rev. Stat. §§ 21-1901 to 21-19,177 (Nebraska Nonprofit Corporation Act, general organizational law) |
| Nevada | judicial and nonjudicial | none | yes | same rules | Nev. Rev. Stat. ch. 116 |
| New Hampshire | unsettled | none | no | differs; see checker | RSA 292 (governance backbone only; no HOA-specific lien or foreclosure statute exists anywhere in New Hampshire law) |
| New Jersey | judicial only | none | yes | differs; see checker | N.J.S.A. 45:22A-21 et seq.; lien and priority at 45:22A-44.1; alternative dispute resolution duty at 45:22A-44(c) |
| New Mexico | judicial only | none | no | differs; see checker | NMSA 1978 § 47-16-1 et seq. |
| New York | unsettled | none | no | differs; see checker | N.Y. Not-for-Profit Corp. Law § 101 et seq. (governance only); RPAPL art. 20-A, § 2010 (2025 notice precondition only); no dedicated non-condominium HOA lien-and-foreclosure statute exists in the RPL or RPAPL |
| North Carolina | judicial and nonjudicial | 3 months (nonjudicial only) | no | differs; see checker | N.C. Gen. Stat. § 47F-1-101 et seq. |
| North Dakota | unsettled | none | no | differs; see checker | N.D. Cent. Code ch. 10-33 (Nonprofit Corporation Act, governance only); ch. 35-01 (Liens -- General Provisions); no HOA-specific lien or foreclosure statute exists anywhere in the Century Code |
| Ohio | judicial only | none | no | differs; see checker | Ohio Rev. Code ch. 5312 |
| Oklahoma | judicial and nonjudicial | none | no | differs; see checker | Okla. Stat. tit. 60, §§ 851-858 |
| Oregon | judicial only | none | no | differs; see checker | Or. Rev. Stat. § 94.709 |
| Pennsylvania | judicial only | none | yes | differs; see checker | 68 Pa.C.S. § 5101 et seq.; lien and enforcement provision at § 5315 |
| Rhode Island | unsettled | none | no | differs; see checker | R.I. Gen. Laws § 7-6-1 et seq. (Rhode Island Nonprofit Corporation Act) |
| South Carolina | judicial only | none | no | differs; see checker | S.C. Code Ann. § 27-30-110 et seq. |
| South Dakota | judicial only | none | no | differs; see checker | Title 43 reviewed in full: ch. 43-15A is Condominiums, ch. 43-15B is Time-Share Estates, ch. 43-15 (Vertical and Horizontal Property Regimes) is repealed -- no chapter grants a non-condominium HOA a statutory assessment lien. Title 11, ch. 11-5 (Restrictive Contracts and Declarations) governs covenant recording/enforcement mechanics only, with no lien or foreclosure provision. Non-condo HOAs typically incorporate under the South Dakota Nonprofit Corporation Act, SDCL §§ 47-22-52 et seq. (general corporate capacity only; no assessment-lien or foreclosure-specific grant). |
| Tennessee | nonjudicial; court path unsettled | none | no | differs; see checker | Tenn. Code § 48-51-101 et seq. (Tennessee Nonprofit Corporation Act, governs the association's corporate structure only, not lien/foreclosure); Tenn. Code § 35-5-101 et seq. (general nonjudicial trustee's-sale procedure, available if the declaration grants a power of sale) |
| Texas | judicial and nonjudicial | none | no | differs; see checker | Tex. Prop. Code ch. 209 |
| Utah | judicial and nonjudicial | 6 months (nonjudicial only) | no | differs; see checker | Utah Code § 57-8a-101 et seq. |
| Vermont | judicial only | 3 months (judicial only) | yes | same rules | 27A V.S.A. § 1-101 et seq.; lien and enforcement at § 3-116 |
| Virginia | judicial and nonjudicial | $5,000 | no | differs; see checker | Va. Code § 55.1-1800 et seq. |
| Washington | judicial and nonjudicial | $2,000 or 3 months (judicial only) | no | differs; see checker | RCW 64.38.100 |
| West Virginia | judicial and nonjudicial | none | yes | same rules | W. Va. Code § 36B-1-101 et seq. |
| Wisconsin | unsettled | 2 months | no | differs; see checker | Wis. Stat. ch. 181 (Nonstock Corporation Law); cf. Wis. Stat. § 779.70 (Maintenance liens) and § 710.18 (disclosure-only) |
| Wyoming | judicial and nonjudicial | none | no | differs; see checker | No dedicated title grants a statutory non-condominium HOA assessment lien (Wyo. Stat. Title 34 reviewed in full -- no chapter names homeowners associations or planned communities); contrast Wyo. Stat. §§ 34-20-101 through 34-20-104, which extend a covenant-running-with-the-land mechanism to condominiums only. Non-condo HOAs typically incorporate under the Wyoming Nonprofit Corporation Act, Wyo. Stat. § 17-19-101 et seq. (governance only -- power to impose dues/assessments at § 17-19-302(a)(xiv); member liability for dues at § 17-19-613 -- no lien or foreclosure provisions anywhere in the Act). |
Source: state statutes as verified for the HOA Weekly Foreclosure Risk Checker, updated 2026-07-02. The interactive checker above reports thresholds, redemption rights, and full citations per state.
Questions this checker answers
Can an HOA foreclose over a few hundred dollars?
In most states, yes. 37 of the 51 jurisdictions set no statutory minimum, so a small delinquency can support a lien and eventually a foreclosure. 14 jurisdictions set a floor in dollars, in months past due, or both. The checker reports the exact floor and what counts toward it.
What is a super lien?
A super lien is the portion of an association lien that state law places ahead of a first mortgage, usually measured in months of unpaid assessments. 20 jurisdictions grant one. Where a super lien exists, a foreclosure by the association can affect the lender's position, which changes how seriously every party treats a small delinquency.
Some states grant a redemption period: a fixed window after the sale in which the former owner can reclaim the home by paying the amounts the statute requires. Length and availability differ by state and by sale type. The checker reports both, with citations.
Do late fees and attorney fees count toward a foreclosure minimum?
Often no. States with a statutory floor commonly count delinquent assessments only and exclude late charges, interest, collection costs, and attorney fees. Each result states what the selected state counts.
Methodology
Each state entry is built from the operative statutes: the lien provision, the foreclosure provision, any minimum-debt floor, lien priority rules, and post-sale redemption rights. Entries quote the statutory text and link to the official legislature or code site. A second, independent review pass checks every entry against the official text before publication, and each entry displays its verification date. The checker runs entirely in the browser; it sets no cookies, saves no entries, and sends nothing to any server.
This checker reports what state law says. It is not legal advice, and it cannot account for a community's own documents, which add rules of their own. Laws change. Anyone facing a lien or a foreclosure notice should talk with a licensed attorney in that state or a HUD approved housing counselor (hud.gov).
