HOA Liens and Foreclosure in Michigan
Whether a homeowners or condo association can foreclose on its lien for unpaid dues in Michigan, and the limits.
Short answer: Yes, for condominiums. Unpaid condominium assessments, with interest, late and collection charges, attorney fees and fines allowed by the condominium documents, are a lien on the unit, ranking ahead of other liens except tax liens and a first mortgage of record (though past-due… MCL 559.208 (Condominium Act § 108)
| HOA liens and foreclosure | Yes, for condominiums. Unpaid condominium assessments, with interest, late and collection charges, attorney fees and fines allowed by the condominium documents, are a lien on the unit, ranking ahead of other liens except tax liens and a first mortgage of record (though past-due assessments covered by a recorded notice of lien have priority over a first mortgage recorded after that notice). The association may foreclose the lien by court action or by advertisement, in the same manner as a mortgage. Before starting foreclosure, it must record a notice of lien and mail it to the owner at least 10 days in advance. The redemption period after the sale is 6 months, or 1 month if the property is abandoned. |
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More Michigan foreclosure & homeowner law
- How Foreclosure Works in Michigan
- Redemption and Deficiency Judgments in Michigan
- Getting Your Home Back After a Tax Sale in Michigan
- All Michigan foreclosure & homeowner law rules
FAQ
Can an HOA foreclose on your home in Michigan?
Yes, for condominiums. Unpaid condominium assessments, with interest, late and collection charges, attorney fees and fines allowed by the condominium documents, are a lien on the unit, ranking ahead of other liens except tax liens and a first mortgage of record (though past-due assessments covered by a recorded notice of lien have priority over a first mortgage recorded after that notice). The association may foreclose the lien by court action or by advertisement, in the same manner as a mortgage. Before starting foreclosure, it must record a notice of lien and mail it to the owner at least 10 days in advance. The redemption period after the sale is 6 months, or 1 month if the property is abandoned.
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.