HOA Liens and Foreclosure in Hawaii
Whether a homeowners or condo association can foreclose on its lien for unpaid dues in Hawaii, and the limits.
Short answer: Yes. A condominium association's lien for unpaid common expenses may be foreclosed by court action or by nonjudicial power of sale, even if the governing documents do not include power-of-sale language. Haw. Rev. Stat. §§ 514B-146, 667-19
| HOA liens and foreclosure | Yes. A condominium association's lien for unpaid common expenses may be foreclosed by court action or by nonjudicial power of sale, even if the governing documents do not include power-of-sale language. However, a lien that arises solely from fines, penalties, legal fees or late fees cannot be foreclosed nonjudicially and must be filed in court. In an association's court foreclosure, the owner must be given contact information for approved housing and budget counselors, may cure within 60 days after service by paying the full default and related fees, and may submit a payment plan within 30 days; the association may not reject a reasonable payment plan. |
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More Hawaii foreclosure & homeowner law
- How Foreclosure Works in Hawaii
- Redemption and Deficiency Judgments in Hawaii
- All Hawaii foreclosure & homeowner law rules
FAQ
Can an HOA foreclose on your home in Hawaii?
Yes. A condominium association's lien for unpaid common expenses may be foreclosed by court action or by nonjudicial power of sale, even if the governing documents do not include power-of-sale language. However, a lien that arises solely from fines, penalties, legal fees or late fees cannot be foreclosed nonjudicially and must be filed in court. In an association's court foreclosure, the owner must be given contact information for approved housing and budget counselors, may cure within 60 days after service by paying the full default and related fees, and may submit a payment plan within 30 days; the association may not reject a reasonable payment plan.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.