HOA Liens and Foreclosure in Rhode Island
Whether a homeowners or condo association can foreclose on its lien for unpaid dues in Rhode Island, and the limits.
Short answer: Yes, for condominiums. A condominium association has a lien on a unit for assessments and fines from when they become due, and the lien may be foreclosed under R.I. Gen. Laws § 34-36.1-3.21. R.I. Gen. Laws § 34-36.1-3.16
| HOA liens and foreclosure | Yes, for condominiums. A condominium association has a lien on a unit for assessments and fines from when they become due, and the lien may be foreclosed under R.I. Gen. Laws § 34-36.1-3.21. The lien has limited priority over a first mortgage for up to six months of regular common-expense assessments plus capped collection and foreclosure costs. Once common-expense charges are at least 60 days delinquent, the association must send the owner a notice of the delinquency by certified and first-class mail. A judgment in a lien case must include costs and reasonable attorney's fees for the prevailing party. Source: R.I. Gen. Laws § 34-36.1-3.16 |
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More Rhode Island foreclosure & homeowner law
- How Foreclosure Works in Rhode Island
- Getting Your Home Back After a Tax Sale in Rhode Island
- All Rhode Island foreclosure & homeowner law rules
FAQ
Can an HOA foreclose on your home in Rhode Island?
Yes, for condominiums. A condominium association has a lien on a unit for assessments and fines from when they become due, and the lien may be foreclosed under R.I. Gen. Laws § 34-36.1-3.21. The lien has limited priority over a first mortgage for up to six months of regular common-expense assessments plus capped collection and foreclosure costs. Once common-expense charges are at least 60 days delinquent, the association must send the owner a notice of the delinquency by certified and first-class mail. A judgment in a lien case must include costs and reasonable attorney's fees for the prevailing party.
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.