HOA Liens and Foreclosure in Virginia
Whether a homeowners or condo association can foreclose on its lien for unpaid dues in Virginia, and the limits.
Short answer: Yes. A property owners' association can perfect a lien for unpaid assessments by filing a memorandum of lien within 12 months after the first unpaid assessment became due, after sending the owner a certified-mail notice at least 10 days before filing. Va. Code § 55.1-1833
| HOA liens and foreclosure | Yes. A property owners' association can perfect a lien for unpaid assessments by filing a memorandum of lien within 12 months after the first unpaid assessment became due, after sending the owner a certified-mail notice at least 10 days before filing. The association may foreclose (judicially or non-judicially) only if the total amount secured is more than $5,000, not counting attorney fees and costs, and must start within 120 months after recording the lien. For a non-judicial sale, the association must first give the owner notice of the debt and a deadline at least 60 days away to pay it, and tell the owner of the right to go to court to raise defenses. Condominium association liens are governed by Va. Source: Va. Code § 55.1-1833 |
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More Virginia foreclosure & homeowner law
- How Foreclosure Works in Virginia
- Getting Your Home Back After a Tax Sale in Virginia
- All Virginia foreclosure & homeowner law rules
FAQ
Can an HOA foreclose on your home in Virginia?
Yes. A property owners' association can perfect a lien for unpaid assessments by filing a memorandum of lien within 12 months after the first unpaid assessment became due, after sending the owner a certified-mail notice at least 10 days before filing. The association may foreclose (judicially or non-judicially) only if the total amount secured is more than $5,000, not counting attorney fees and costs, and must start within 120 months after recording the lien. For a non-judicial sale, the association must first give the owner notice of the debt and a deadline at least 60 days away to pay it, and tell the owner of the right to go to court to raise defenses.
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.