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Assessment & Dues

HOA Rules

Rules about regular assessments, special assessments, collection procedures, late fees, and what happens when homeowners fall behind on dues.

10% permissive58% moderate15% strict(165 locations)

How Assessment & Dues Rules Differ by Place

165 places covered24 strict96 moderate17 permissive

Assessment & Dues Rules by State

Statewide law governs this topic in many states. Each entry links to that state's full page.

Alabama

Some Restrictions

Under the Alabama Homeowners' Association Act, an association has a lien on each lot for unpaid assessments, plus interest and costs the declaration allows. The lien is recorded in…

Arizona

Heavy Restrictions

Under A.R.S. § 33-1807, unpaid assessments in an Arizona planned community become an automatic lien on the lot, and the association may charge late fees and interest if the declaration…

California

Heavy Restrictions

California HOAs may levy regular and special assessments, charge late fees and interest, record liens, and ultimately foreclose on delinquent owners under the Davis-Stirling Act. State…

Colorado

Heavy Restrictions

Under the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-316, an association has a statutory lien for unpaid assessments. After HB22-1137 (2022) it may foreclose only once…

Delaware

Heavy Restrictions

Under the Delaware Uniform Common Interest Ownership Act, an association has an automatic statutory lien on a unit for unpaid assessments. That lien carries a limited super-priority…

District of Columbia

Heavy Restrictions

For condominiums, the D.C. Condominium Act gives the unit owners' association an automatic lien for unpaid assessments with a limited priority over a first mortgage. D.C. has no…

Florida

Heavy Restrictions

Under Fla. Stat. § 720.3085, unpaid assessments become a lien on a parcel, and the homeowners' association may foreclose like a mortgage. Before recording the lien the association must…

Georgia

Some Restrictions

If a community opts into the Georgia Property Owners' Association Act (O.C.G.A. § 44-3-220 et seq.), unpaid assessments become a lien under § 44-3-232 that the association may…

Hawaii

Heavy Restrictions

Under Haw. Rev. Stat. § 421J-10.5, all unpaid assessments automatically become a lien on the unit that the association may foreclose by court action or by nonjudicial power-of-sale…

Idaho

Heavy Restrictions

Idaho's Homeowner's Association Act lets an HOA levy assessments for common-area maintenance and record a verified lien against a lot. Idaho Code § 55-3207 expressly permits the…

Illinois

Some Restrictions

The Common Interest Community Association Act (765 ILCS 160) governs Illinois HOA budgets and assessments but, unlike the Condominium Property Act, it creates no statutory assessment…

Indiana

Some Restrictions

Unpaid assessments become a homeowners association lien under Ind. Code § 32-28-14 once a notice of lien is recorded with the county recorder. The association may foreclose by court…

Iowa

Few Restrictions

Iowa has no general HOA assessment statute, so a planned-community HOA's lien rights come from its recorded declaration plus contract law. For condominiums under the Horizontal…

Kansas

Heavy Restrictions

Kansas's HOA governance act, the Uniform Common Interest Owners Bill of Rights Act (K.S.A. 58-4601 et seq.), contains no assessment-lien provision. For condominiums, K.S.A. 58-3123…

Kentucky

Few Restrictions

Kentucky has no single HOA assessment law. Condominiums get an automatic lien under KRS 381.9193, and planned communities formed after June 29, 2023 get a continuing lien under KRS…

Louisiana

Some Restrictions

Louisiana associations collect unpaid dues through a statutory "privilege" (the civil-law lien). Under La. R.S. 9:1145, a privilege arises on a lot or unit for any assessment or fine…

Maine

Some Restrictions

Maine condominium associations get an automatic statutory assessment lien on each unit under 33 M.R.S. § 1603-116. Non-condo HOAs have no general statute and rely on their recorded…

Maryland

Heavy Restrictions

A Maryland HOA collects delinquent assessments through a contract lien under the Maryland Contract Lien Act (Real Prop. §§ 14-201 to 14-206), and that lien can be foreclosed like a…

Massachusetts

Heavy Restrictions

Massachusetts has no comprehensive HOA act. Condominium associations get a powerful statutory lien under M.G.L. c. 183A § 6 that carries a six-month super-priority over a first…

Michigan

Heavy Restrictions

Michigan condominium associations get an automatic statutory lien for unpaid assessments under MCL 559.208, foreclosable like a real-estate mortgage. Michigan has no general non-condo…

Minnesota

Heavy Restrictions

Under the Minnesota Common Interest Ownership Act (Minn. Stat. Ch. 515B), an association gets an automatic lien for unpaid assessments. Section 515B.3-116 gives it a six-month…

Mississippi

Few Restrictions

Mississippi has no general HOA assessment statute, so a standard subdivision HOA's lien and foreclosure powers come from its recorded declaration. Condominiums are different: Miss…

Missouri

Few Restrictions

Missouri has no general HOA statute, so ordinary homeowners' association liens come only from the recorded declaration. Condominiums are different: under the Missouri Uniform…

Montana

Few Restrictions

Montana has no general HOA statute creating an assessment lien, so an ordinary homeowners' association's lien and foreclosure power come only from the recorded declaration…

Nebraska

Some Restrictions

Nebraska has no general HOA assessment statute. For condominiums, the Nebraska Condominium Act gives the association a lien for unpaid common expenses that may be foreclosed like a…

Nevada

Heavy Restrictions

Under the Nevada Common-Interest Ownership Act, NRS 116.3116, an association has a statutory lien for unpaid assessments. A portion is super-priority over a first mortgage, and the…

New Hampshire

Some Restrictions

New Hampshire condominium associations get a statutory assessment lien under RSA 356-B:46, including a limited 6-month priority over first mortgages. There is no comprehensive…

New Jersey

Heavy Restrictions

New Jersey gives both condominium and planned-community associations a foreclosable assessment lien with a limited 6-month priority over a prior first mortgage. The Condominium Act…

New Mexico

Some Restrictions

The New Mexico Homeowner Association Act (NMSA 47-16-1 to 47-16-18) does not create a statutory assessment lien for ordinary HOAs; collection and any lien or foreclosure power must…

New York

Some Restrictions

New York has no comprehensive HOA act. Condominiums get a statutory common-charge lien under Real Property Law § 339-z that is foreclosable like a mortgage but junior to a first…

North Carolina

Heavy Restrictions

Under the North Carolina Planned Community Act, G.S. 47F-3-116, any assessment unpaid for 30 days or longer becomes a lien on the lot. If unpaid for 90 days or more, the association…

North Dakota

Few Restrictions

North Dakota has no general HOA act. For condominiums, N.D.C.C. § 47-04.1-11 makes a reasonable common-expense assessment a debt of the owner and a recorded lien on the unit. For…

Ohio

Heavy Restrictions

Ohio's Planned Community Law lets homeowners associations levy assessments and, when unpaid, record a lien foreclosed exactly like a mortgage. R.C. 5312.12 makes the lien prior to…

Oregon

Heavy Restrictions

Under the Oregon Planned Community Act, an HOA has a lien on each lot for unpaid assessments (plus interest, late charges, attorney fees and costs) and may judicially foreclose it…

Pennsylvania

Heavy Restrictions

Under Pennsylvania's Uniform Planned Community Act, 68 Pa.C.S. § 5315, an association has an automatic lien on a unit for unpaid assessments and fines from the time they become due…

Rhode Island

Heavy Restrictions

Under Rhode Island's Common Interest Ownership Act, an association has an automatic lien on a unit for unpaid assessments and fines. The lien carries a six-month super-priority over a…

Tennessee

Few Restrictions

Tennessee has no general homeowners' association assessment statute, so a subdivision HOA's dues, budget, and late fees come from its recorded declaration rather than from state law…

Texas

Some Restrictions

Under the Texas Residential Property Owners Protection Act, unpaid assessments become a lien (Tex. Prop. Code § 209.0094), but a Texas HOA may not foreclose that lien without first…

Utah

Heavy Restrictions

Utah's Community Association Act gives an HOA a statutory lien on a lot for unpaid assessments, collection costs, attorney fees, and qualifying fines (§ 57-8a-301). The association may…

Vermont

Heavy Restrictions

Vermont's Common Interest Ownership Act (27A V.S.A. Title 27A) gives associations an automatic lien for unpaid assessments and fines under 27A V.S.A. § 3-116, with a six-month…

Virginia

Heavy Restrictions

Under the Virginia Property Owners' Association Act, § 55.1-1833, an association may perfect a lien for unpaid assessments by recording a memorandum of lien, but only if it does so…

Washington

Heavy Restrictions

Washington has two regimes. Communities created on or after July 1, 2018 fall under WUCIOA (RCW 64.90), whose lien carries a 6-month super-priority over first mortgages and can be…

West Virginia

Heavy Restrictions

Under West Virginia's Uniform Common Interest Ownership Act, W. Va. Code § 36B-3-116, an association has an automatic lien on a unit for unpaid assessments and fines from the time they…

Wisconsin

Heavy Restrictions

Wisconsin has no comprehensive non-condo HOA act. Condominium associations get a statutory assessment lien under Wis. Stat. § 703.165 that is foreclosed like a mortgage. Non-condo HOAs…

Other HOA Rules Topics

Board Procedures

Rules governing HOA board meetings, elections, transparency requirements, and voting procedures for homeowners.

Architectural Review

Standards and approval processes for exterior modifications including paint colors, additions, fencing, landscaping changes, and solar panel installation.

Dispute Resolution

Processes for resolving conflicts between homeowners and the HOA board, including mediation requirements, hearing procedures, and state oversight.

CC&R Enforcement

How covenants, conditions, and restrictions are enforced, including violation notices, fines, lien authority, and legal remedies available to HOAs and homeowners.

HOA Disputes

Internal dispute-resolution processes required by statute, ombuds programs, and when a homeowner can sue the board directly without exhausting internal remedies.

HOA Fines & Enforcement

Statutory caps on HOA fine amounts, notice-and-hearing requirements before fines can be assessed, and how unpaid fines become liens against the property.

Lien & Foreclosure Limits

What an association must clear before it can foreclose on a home for unpaid assessments: minimum debt thresholds, waiting periods, mandatory notice and payment-plan offers, and the…

Board Governance

Governance structure of the HOA (board composition, term lengths, election procedures), open-meeting requirements, and member voting rights under state statutes.

Flag Display Rights

When an association may restrict flags on a lot and when it may not, the federal floor protecting the American flag, and state statutes extending that protection to state, military…

Clotheslines & Energy Devices

Right-to-dry statutes that void covenants banning outdoor clotheslines and drying racks, plus the broader energy-device provisions covering heat pumps, rain barrels, and similar…

EV Charger Rights

Statutory rights to install an electric vehicle charging station in a deeded or exclusive-use parking space, the approval conditions an association may still attach, and who carries…

Drought Landscaping Rights

Laws barring an association from requiring live turf or fining a homeowner for a brown lawn during declared drought or water restrictions, and the water-efficient and native…

Rental Restriction Limits

How far an association may go in banning or capping leasing, grandfathering for owners who already rent, minimum-lease-term and cap-percentage rules, and the member vote thresholds…