The General Rule
When dues, fines, or special assessments go unpaid, HOAs typically have statutory authority to record a lien against the property for the amount owed plus interest, late fees, and often attorney's fees. If the lien remains unpaid, the association can, in most states, initiate foreclosure — either judicial (through the courts) or, in some states, non-judicial (similar to a mortgage foreclosure, without a court order). This is a serious consequence that can result in losing your home over a debt far smaller than the home's value. Before it reaches this point, owners typically receive multiple notices and an opportunity to enter a payment plan. If you're facing a lien, respond immediately — ignoring notices is what allows the process to escalate.
California-Specific Rules
California Civil Code §5720 prohibits HOA foreclosure for debts under $1,800 (excluding fees/interest) or delinquencies under 12 months old, among the strongest homeowner protections in the country.
Why Your CC&Rs May Be Different
State law sets the minimum floor — but your community's CC&Rs, bylaws, and board-adopted rules may be stricter, may include exceptions, or may have been amended recently. The only way to know exactly what applies to your community is to read your specific governing documents.
Most CC&Rs are 40–120 pages of dense legal language. Finding the exact section that answers your question can take 20–30 minutes — if you can find it at all.
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