HOA Liens and Foreclosure in West Virginia
Whether a homeowners or condo association can foreclose on its lien for unpaid dues in West Virginia, and the limits.
Short answer: Under the Uniform Common Interest Ownership Act, an association has a lien on a unit for assessments and fines from the time they become due. W. Va. Code § 36B-3-116
| HOA liens and foreclosure | Under the Uniform Common Interest Ownership Act, an association has a lien on a unit for assessments and fines from the time they become due. The lien is generally ahead of other liens except those recorded before the declaration, a first mortgage recorded before the assessment became delinquent, and real estate taxes. The lien is extinguished unless proceedings to enforce it are started within three years after the full amount becomes due. The association may also sue for the amount owed or take a deed in lieu of foreclosure, and a judgment must include costs and reasonable attorney's fees for the prevailing party. The section reviewed does not spell out whether the lien is foreclosed in court or by power of sale. Source: W. Va. Code § 36B-3-116 |
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More West Virginia foreclosure & homeowner law
- How Foreclosure Works in West Virginia
- Redemption and Deficiency Judgments in West Virginia
- Getting Your Home Back After a Tax Sale in West Virginia
- All West Virginia foreclosure & homeowner law rules
FAQ
Can an HOA foreclose on your home in West Virginia?
Under the Uniform Common Interest Ownership Act, an association has a lien on a unit for assessments and fines from the time they become due. The lien is generally ahead of other liens except those recorded before the declaration, a first mortgage recorded before the assessment became delinquent, and real estate taxes. The lien is extinguished unless proceedings to enforce it are started within three years after the full amount becomes due. The association may also sue for the amount owed or take a deed in lieu of foreclosure, and a judgment 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.