HOA Liens and Foreclosure in Montana
Whether a homeowners or condo association can foreclose on its lien for unpaid dues in Montana, and the limits.
Short answer: Yes, for condominiums. A condo owners' association that records a verified claim has a lien on the unit for unpaid common expenses. Mont. Code Ann. §§ 70-23-607, 70-23-608
| HOA liens and foreclosure | Yes, for condominiums. A condo owners' association that records a verified claim has a lien on the unit for unpaid common expenses. The lien is ahead of other liens except tax and assessment liens and a recorded first mortgage or trust indenture. It is foreclosed through court proceedings that follow the construction-lien foreclosure procedure, and the association may instead sue for a money judgment without foreclosing. These sections cover condominiums under the Unit Ownership Act; other homeowners associations depend on their recorded covenants. |
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More Montana foreclosure & homeowner law
- How Foreclosure Works in Montana
- Redemption and Deficiency Judgments in Montana
- Getting Your Home Back After a Tax Sale in Montana
- All Montana foreclosure & homeowner law rules
FAQ
Can an HOA foreclose on your home in Montana?
Yes, for condominiums. A condo owners' association that records a verified claim has a lien on the unit for unpaid common expenses. The lien is ahead of other liens except tax and assessment liens and a recorded first mortgage or trust indenture. It is foreclosed through court proceedings that follow the construction-lien foreclosure procedure, and the association may instead sue for a money judgment without foreclosing.
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.