Maryland Statewide Rule
Maryland HOA Assessment Liens & Foreclosure
Key Facts
- Lien statute
- Maryland Contract Lien Act, Real Prop. §§ 14-201–206
- Foreclosure method
- Same as a mortgage / deed of trust (§ 14-204)
- Foreclosure basis
- Assessments only, not fines
- Notice before lien
- Written notice within 2 years of breach (§ 14-203)
- Disclosure to buyers
- Real Prop. § 11B-106 (fees + delinquencies)
Summary
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 mortgage. The Homeowners Association Act (Real Prop. Title 11B) requires sellers to disclose current and delinquent assessments to buyers.
(a) (1) As provided in the declaration, a lot owner shall be liable for all homeowners association assessments and charges that come due during the time that the lot owner owns the lot.
Full Breakdown
If the declaration provides for a lien, the HOA may record an assessment lien under the Maryland Contract Lien Act after written notice to the owner within 2 years of breach (Real Prop. § 14-203). Real Prop. § 14-204 lets the lien "be enforced and foreclosed... in the same manner, and subject to the same requirements, as the foreclosure of mortgages or deeds of trust." An HOA foreclosure may rest only on delinquent assessments plus limited costs and fees not exceeding the assessments, NOT on fines, and must begin within 12 years of recording. Separately, Real Prop. § 11B-106 requires the seller to disclose current monthly assessments, the prior year's total, and any delinquencies.
Violations & Penalties
Unpaid assessments can become a recorded lien foreclosable like a mortgage (Real Prop. § 14-204). Recoverable costs and attorney's fees may not exceed the delinquent assessments, and fines cannot be the basis for foreclosure.
Frequently Asked Questions
Can a Maryland HOA foreclose on my home for unpaid dues?
What must a home seller tell me about HOA assessments?
Can the HOA add attorney's fees to my lien?
Sources
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