Regular and special HOA assessments are delinquent a specified number of
days after they become due. If an assessment is delinquent, the
condo association may recover all of the following:
- Reasonable costs incurred in collecting the delinquent assessment, including reasonable attorneys' fees
- A late charge
- Interest on all sums due
If a homeowner fails to pay the assessment, the HOA has several options:
- File a civil action in small claims court (if the amount due meets the court's requirements)
- Record a lien on the homeowner's unit or separate interest
and delay foreclosure until the amount due equals a pre-determined
amount or the HOA assessments are more than 12 months delinquent
- Record a lien on the homeowner's separate interest and foreclose on the lien
- Any other manner provided by law
If the HOA is going to file a lien on the homeowner's unit, at least
30 days before filing the lien, it should send the owner of record a
notice including, among other things:
- A general description of the HOA's collection and lien enforcement procedures
- The method of calculation of the condo fees due
- A statement that if the homeowner's separate interest is placed in
foreclosure because the homeowner is behind in his or her HOA assessments,
it may be sold without court action
- An itemized statement of the charges owed by the homeowner
- The right to dispute the assessment debt by submitting a written request for dispute resolution to the HOA
- The right to request alternative dispute resolution with a neutral third party before the HOA may initiate foreclosure
To establish the lien, the HOA must record a notice of delinquent
assessment in the county where the owner's unit is located. The notice
must comply with the requirements of state law. Thirty days after the
lien is recorded, it may be enforced in any manner permitted by law,
including sale by the court, sale by the trustee named in the notice of
delinquent assessment, or sale by a properly substituted trustee.
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