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HOA Liens and Foreclosure in North Carolina

Whether a homeowners or condo association can foreclose on its lien for unpaid dues in North Carolina, and the limits.

Short answer: Yes. In a planned community, an assessment unpaid for 30 days or more becomes a lien when the association files a claim of lien with the clerk of superior court, after mailing the owner a statement of the amount due at least 15 days before filing. N.C. Gen. Stat. § 47F-3-116; N.C. Judicial Branch, Foreclosures help topic

HOA liens and foreclosureYes. In a planned community, an assessment unpaid for 30 days or more becomes a lien when the association files a claim of lien with the clerk of superior court, after mailing the owner a statement of the amount due at least 15 days before filing. The association, through a vote of its executive board on the specific lot, may foreclose the lien like a deed of trust under power of sale if the assessment remains unpaid for 90 days or more. A lien made up only of fines (or interest and attorneys' fees tied only to fines) can be enforced only by judicial foreclosure. The lien ends unless enforcement starts within three years after the claim of lien is filed, and it ranks behind mortgages recorded before it and property taxes. Condominium associations have a similar lien under G.S. 47C-3-116.
Before charging attorneys' fees, the association must give the owner written notice and 15 days to pay the balance without them.
Source: N.C. Gen. Stat. § 47F-3-116; N.C. Judicial Branch, Foreclosures help topic

More North Carolina foreclosure & homeowner law

FAQ

Can an HOA foreclose on your home in North Carolina?
Yes. In a planned community, an assessment unpaid for 30 days or more becomes a lien when the association files a claim of lien with the clerk of superior court, after mailing the owner a statement of the amount due at least 15 days before filing. The association, through a vote of its executive board on the specific lot, may foreclose the lien like a deed of trust under power of sale if the assessment remains unpaid for 90 days or more. A lien made up only of fines (or interest and attorneys' fees tied only to fines) can be enforced only by judicial foreclosure. The lien ends unless enforcement starts within three years after the claim of lien is filed, and it ranks behind mortgages recorded before it and property taxes. Condominium associations have a similar lien under G.S. 47C-3-116.

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.