We explain HOA law in plain English, but we are not your lawyer and this is not legal advice. Here is why that matters.

Minnesota bars HOA foreclosure until debt is three months delinquent

Minnesota · Legislation

Minnesota bars HOA foreclosure until debt is three months delinquent

What happened. Section 9 of Laws 2026, ch. 82 amends Minn. Stat. § 515B.3-116, the association lien and foreclosure statute, in two structural ways. It takes effect 1 January 2027 and “applies to foreclosures commenced on or after that date.”1

Most fines leave the lien

Subsection (a) previously made fines lienable by a blanket cross-reference to § 515B.3-102(a)(10), (11) and (12). The amendment deletes that and substitutes a narrow phrase: the lien covers “fees, charges, fines as specified in subsection (h), and late charges.”

Subsection (h), in turn, points back to the fines that escape Chapter 82's $100 cap — repeat violations of the same conduct, violations with a serious and immediate health or safety impact, violations causing physical damage to another unit or a common element, and use of the property for financial enrichment including rentals in breach of the documents.

The result: an ordinary rule-violation fine is no longer secured by the assessment lien.

The three-month gate

The new condition in subsection (h) is explicit: an association “may not commence foreclosure unless common expenses and special assessments and fines that meet the conditions for exception to the limit specified in section 515B.3-102(a)(11), are delinquent for more than three months.”

Minnesota has not previously had a statutory minimum delinquency before an association could foreclose. It does now, and the gate is measured on the qualifying debt only — not on the total balance including capped fines.

The power of sale, confirmed for everyone

Subsection (h)(1) is amended to read that “[i]n a condominium or planned community, regardless of when the condominium or planned community was created, the association's lien may be foreclosed in a like manner as a mortgage containing a power of sale pursuant to chapter 580, or by action pursuant to chapter 581.”

That phrase resolves a recurring question about older communities and non-judicial foreclosure. It is a clarification in the association's favour, sitting in the same section as two significant restrictions.

Keep reading with the Minnesota State Pass

The rest of this analysis — what an association can actually do, the recent bills and rulings, and how Minnesota compares nationally — is for subscribers. $49/month for every Minnesota topic on HOA Weekly.

$49/month, $449/year, or a $19.99 day pass.

What you unlock

  • What this does to a real delinquency file
  • Two timing traps in the same statute
  • The other 2026 change to association foreclosure timing

and 2 more sections in detail

Unlock Minnesota

Already a subscriber? Sign in

Recurring monthly subscription · Cancel anytime · Need help?

Related Minnesota HOA Topics

← All Minnesota HOA Topics

  1. Laws 2026, ch. 82 (S.F. 1750), full session-law text — Minnesota Revisor of Statutes ↩
  2. “New Laws 2026: Chapter 82” — Minnesota House of Representatives Public Information Services ↩
  3. Laws 2026, ch. 51 (H.F. 3479) — amendments to Minn. Stat. § 580.07 postponement rights ↩
  4. Laws 2025, ch. 35, art. 10 — mortgage foreclosure; junior-creditor redemption period extended to 14 days ↩
  5. Reed v. Highlands of Edinburgh Sixth Ass’n, No. A25-1442 (Minn. Ct. App. 27 Apr. 2026) (nonprecedential) — slip opinion ↩

Stay on top of Minnesota HOA law

Every week: new Minnesota legislation, court rulings, and regulatory developments affecting condos, planned communities, and property managers. Free.

Check your inbox to complete your sign up.

No spam. Unsubscribe anytime.