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ForeclosureNovember 4, 2026· 9 min read

Can an HOA Foreclose on Your Home for Unpaid Fines? 11 States Compared (2026)

A fine for a trash can left out or an unapproved fence can grow, with late fees and attorney's fees, into a lien on your house. Whether the HOA can then foreclose depends on your state and on what the balance is made of: assessments, fines, or both.

We compared the statute text in 11 states. Eight limit liens or foreclosure over fines in some way: Texas, Nevada, North Carolina, Hawaii, Utah, Washington, Florida and Georgia. In three, Pennsylvania, New Mexico and Kentucky, the lien statute names fines and the sections we read state no fines-only limit. Georgia is in the news, because Atlanta News First covered its new law's higher foreclosure threshold.

The short answer

Two questions decide most cases. First, what is the debt made of? Many states treat a balance of fines alone differently from unpaid assessments. Second, does the foreclosure have to go through a court? In several states a fine-based lien cannot be sold off without one. Ask for an itemized ledger before anything else.

Where State Law Blocks or Limits Foreclosure Over Fines

Each card quotes the statute we read. For the rest of each state's rules, follow the link to its rights page.

TexasBarred if the debt is only fines

Tex. Prop. Code §209.009

"A property owners' association may not foreclose a property owners' association's assessment lien if the debt securing the lien consists solely of: (1) fines assessed by the association; (2) attorney's fees incurred by the association solely associated with fines assessed by the association". Even where foreclosure is allowed, the association generally needs a court order first (§209.0092(a)).

NevadaNo foreclosure sale over a fine, with two exceptions

NRS 116.31162(6)

"The association may not foreclose a lien by sale based on a fine or penalty for a violation of the governing documents of the association unless: (a) The violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units' owners or residents of the common-interest community"; the other is a penalty for failing to follow a schedule required by NRS 116.310305. The limit covers foreclosure by sale only.

North CarolinaCourt foreclosure only

N.C.G.S. §47F-3-116(f), (h)

A lien "securing a debt consisting solely of fines imposed by the association, interest on unpaid fines, or attorneys' fees incurred by the association solely associated with fines imposed by the association may only be enforced by judicial foreclosure". For any foreclosure, "The association shall not foreclose the claim of lien unless the executive board votes to commence the proceeding against the specific lot."

HawaiiNo power-of-sale foreclosure; court only

HRS §421J-10.5 (planned communities); §514B-146 (condominiums)

"no association may exercise the nonjudicial or power of sale remedies provided in chapter 667 to foreclose a lien against any unit that arises solely from fines, penalties, legal fees, or late fees, and the foreclosure of any such lien shall be filed in court pursuant to part IA of chapter 667." The condominium section has the same limit.

UtahA fine in the lien blocks a non-court sale

Utah Code §57-8a-301, §57-8a-303

A fine becomes part of the lien only if "the time for appeal described in Subsection 57-8a-208(5) has expired and the lot owner did not file an appeal," or a court upheld it. An association "may not use a nonjudicial foreclosure to enforce a lien if" "the lien includes a fine." The statutory notice also warns that if you demand a court foreclosure, "the association may also include a claim for delinquent fines for a violation of the association's governing documents."

WashingtonFines do not count toward the threshold

RCW 64.90.485(22); RCW 64.38.100

Foreclosure is allowed only if the owner owes the greater of three months of assessments or $2,000 of assessments "not including fines, late charges, interest, attorneys' fees, or costs," 90 days have passed, and "The board approves commencement of a foreclosure action specifically against that unit." RCW 64.38.100 has a matching threshold for older associations.

FloridaSmall fines cannot become a lien

Fla. Stat. §720.305(2) (2025 statutes)

"A fine of less than $1,000 may not become a lien against a parcel." That sentence does not address a fine of $1,000 or more. We read the 2025 statutes, not 2026 session changes.

GeorgiaFines stay out of the new threshold (date disputed)

O.C.G.A. §44-3-232(a), (c); SB 406 Sec. 5; §43-17A-2

Georgia's lien statute already names fines: sums assessed "whether for the share of the common expenses pertaining to that lot, fines, or otherwise" are a lien on the lot (§44-3-232(a)). SB 406, Section 5, rewrites the foreclosure rule: no foreclosure unless the lien is at least the lesser of $4,000 or 12 months of regular assessments in arrears, but not less than $2,000, and no "other fine or fee shall be included in the calculation of the amount of such lien." The notice before foreclosure grows to 60 days. The enrolled Act says this starts January 1, 2027; the Secretary of State's FAQ says July 1, 2026. We have not resolved that conflict, so ask a Georgia attorney which date applies. From 2027 an unregistered association also may not "collect fines or fees against any owner, or file or record liens or initiate foreclosure proceedings against any lot" (§43-17A-2(a)(2)(A)).

For the Texas notice and hearing steps, see our Texas HOA rights guide. For Nevada, read Nevada HOA laws, and for the Carolina rules, North Carolina HOA laws.

Where the Lien Statute Includes Fines

In these three states the lien statute names fines, and the sections we read state no limit for a lien made up only of fines. That is not the same as saying a foreclosure would succeed, so check the fine process before the lien process.

Pennsylvania

68 Pa.C.S. §5315(a)

"The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due. The association's lien may be foreclosed in a like manner as a mortgage on real estate."

New Mexico

N.M. Stat. §47-16-6

"The association shall have a lien on a lot for any assessment levied against that lot or for fines imposed against that lot's owner from the time the assessment or fine becomes due." The association's lien "may be foreclosed in like manner as a mortgage on real estate." Check the fine rules in §47-16-18 (written notice and a chance to dispute) first.

Kentucky

KRS 381.799(1)

The planned-community lien covers the assessment "as well as any related interest, fines, administrative late fees, enforcement assessments, collection costs, or reasonable attorney fees that are chargeable against the lot and that remain unpaid thirty (30) days after any portion has become due and payable."

Foreclosure Mistakes to Look For in Your Notice

A foreclosure notice is a list of claims you can test. For the general fine-fighting mistakes that apply in every state, see our guide to procedural errors that make HOA fines unenforceable.

Foreclosing on a balance that is only fines

In Texas the bar applies when the debt "consists solely of" fines and related attorney's fees (§209.009). In Hawaii it applies to a lien that "arises solely from fines, penalties, legal fees, or late fees" (HRS §421J-10.5). Check what the claim is made of.

Using a non-court sale where only a court case is allowed

North Carolina (§47F-3-116(h)), Hawaii, Utah (§57-8a-303(3)(c)) and Nevada (NRS 116.31162(6)) each limit non-court or sale-based foreclosure when fines are involved.

No board vote against your specific lot

North Carolina says the association "shall not foreclose the claim of lien unless the executive board votes to commence the proceeding against the specific lot" (§47F-3-116(f)). Washington requires that "The board approves commencement of a foreclosure action specifically against that unit" (RCW 64.90.485(22)).

Skipping or shortening the pre-foreclosure notice

Utah requires at least 30 calendar days' notice before a nonjudicial foreclosure (§57-8a-303(1)). Georgia's new text requires notice stating that "payment of such amount prior to the sixtieth day following receipt of the notice will eliminate the right of foreclosure" (SB 406 Sec. 5).

What to Do Right Now If Your HOA Threatens Foreclosure Over Fines

Deadlines in these notices are short. Start with these steps today.

Get an itemized ledger in writing.

Ask for the balance split into assessments, fines, late fees, interest and attorney's fees. Most of the rules above turn on what the debt is made of. New Mexico gives the association ten business days to furnish a statement (§47-16-6), so put your request in writing and date it.

Keep paying the undisputed assessments.

In Texas, North Carolina, Hawaii and Washington the protection depends on the balance being fines and related fees, or on assessments staying below the threshold. Georgia's new payment rule applies payments to regular assessments before fines (§43-17A-8(a)).

Contest the fine itself, and watch the clock.

In Utah you may request an informal hearing "within 30 days after the day on which the lot owner receives notice that the fine is assessed," and you may sue within 180 days after the final decision or after the hearing window closes (§57-8a-208(4)-(5)). Check your own state's deadlines on our rights pages.

Never ignore a foreclosure or default notice.

Note the date you received it and the deadline in it. In Utah, to stop a nonjudicial foreclosure you must mail a written demand for judicial foreclosure by certified mail within 30 days after the return receipt shows the notice was delivered (§57-8a-303(3)(b)).

Send a dated written dispute.

Name the rule, the missing step and the statute. Our dispute letter template guide shows how, or run your violation through the analyzer below.

Start with our guide on how to fight an HOA fine. In Georgia, the new Secretary of State complaint process can also pause collection of disputed fines from 2027, and analyzing your violation here gives you a letter that cites the statutes that apply.

Frequently Asked Questions

Can an HOA foreclose on my house for unpaid fines?

It depends on your state and on what the debt consists of. Texas bars foreclosure of an assessment lien if the debt consists solely of fines and related attorney's fees (Prop. Code §209.009). Hawaii, North Carolina and Utah limit non-court foreclosure over fines, and Washington and Georgia leave fines out of the threshold. Pennsylvania, New Mexico and Kentucky include fines in the lien.

Can an HOA put a lien on my house for unpaid fines?

Often yes. Georgia (O.C.G.A. §44-3-232(a)), Pennsylvania (68 Pa.C.S. §5315(a)), New Mexico (§47-16-6) and Kentucky (KRS 381.799) name fines in the lien. Utah allows it only after the appeal period has expired or a court has upheld the fine (§57-8a-301), and Florida says a fine of less than $1,000 may not become a lien (§720.305(2)).

What is the difference between judicial and nonjudicial HOA foreclosure?

Nonjudicial foreclosure is a sale without a lawsuit. Utah's statute describes it as selling the lot "as though the lien were a deed of trust." Judicial foreclosure goes through a court, by "law for the foreclosure of a mortgage" in Utah's words. For liens made up only of fines, Hawaii and North Carolina require the court route.

Can my HOA still sue me for the fines if it cannot foreclose?

Yes. A limit on foreclosure does not erase the debt. In Nevada, subsection 6 of NRS 116.31162 limits foreclosure by sale, and NRS 116.3116(11) separately keeps actions to recover the sums the lien secures. Dispute the fine itself.

How do I stop an HOA foreclosure over fines?

Write down the deadline in the notice, ask for an itemized ledger, check whether the balance is only fines, ask for the board vote, and send a written dispute citing your state's rule. In Georgia's new text, paying the amount before the sixtieth day after receiving the notice "will eliminate the right of foreclosure." Talk to a lawyer before any sale date.

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Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Statutes were read between October 14 and November 3, 2026 from the Texas, Nevada, North Carolina, Hawaii, Utah, Washington, Florida (2025 statutes), Georgia, New Mexico and Kentucky legislatures' statute sites or official text files, and from the Pennsylvania Consolidated Statutes; O.C.G.A. §44-3-232(a) is from FindLaw, read in June 2026. Later session changes, court decisions and your own governing documents may change the result. Georgia's effective date for the new foreclosure threshold is disputed (see above). Talk to a licensed attorney in your state before acting on a foreclosure notice.