Liens, collections, and foreclosure

Unpaid assessments are how associations get paid. In many states the association has a statutory lien on the unit once sums are due, sometimes perfected just by recording the declaration, sometimes only after a recorded claim of lien. Foreclosure of that lien is a different, later step. It is not automatic, and the rules are not national.

Florida Chapter 720 uses a 45-day demand then a 45-day notice of intent to foreclose, and a fine under $1,000 generally may not become a lien. Texas Chapter 209 will not let the association foreclose for fines only. Colorado session law says fines are not supposed to go to foreclosure under CCIOA. Washington WUCIOA requires two preforeclosure notices and at least the greater of three months of assessments or $2,000 before a foreclosure action. Georgia POAA (if you opted in) uses judicial foreclosure, a $2,000 floor, and a four-year lapse. Virginia needs a recorded memorandum and a $5,000 foreclosure floor. Super-priority over a first mortgage exists in some UCIOA states (Nevada, Washington's six-month band, New Jersey's limited six-month condo priority) and not in others.

If you are behind, get the ledger, ask what is assessment versus fines and fees, and read your state collections notes. Housing counselors and, in Washington, a statutory hotline belong in the first notice. Paying under protest is not the same as ignoring the debt. This hub is the collections map. It is not a foreclosure defense.

This is general information from an AI helper, not legal advice. Confirm it against your documents and your state's law. If a deadline or hearing is coming up, talk to a licensed lawyer.