Liens and Encumbrances9 min read

HOA Lien: How a Homeowners Association Lien Works, Ranks and Shows in the Records

What an HOA lien is, where it is filed, how it ranks against a mortgage and when an association can foreclose, with Florida, Texas, North Carolina and Arizona rules.

Published by HeritageDeed · 6 official sources citedPublished Last updated

Quick answer

An HOA lien is a homeowners association's legal claim against a lot for unpaid assessments, created by the community's recorded declaration and by state statute. Depending on the state, it is perfected by recording a claim of lien, by filing with a court clerk, or by the declaration alone. It can lead to foreclosure, subject to state limits.

What is an HOA lien?

Buying in a planned community means buying subject to its declaration, the recorded document that creates the association and the owners' duty to pay assessments. State statutes then decide how the association turns an unpaid balance into a lien, where that lien appears, how it ranks against a mortgage and whether the association can foreclose.

That last point is what makes HOA liens matter in a title search. Unlike a credit card debt, an assessment lien attaches to the property, so a buyer, lender or title examiner needs to know whether one exists and whether it is recorded where they are looking.

Definition

HOA lien — A lien held by a homeowners or property owners association on a lot in its community, securing unpaid assessments and related charges, created by the recorded declaration of covenants and by state law.

How do HOA lien rules differ by state?

The four statutes below show how far apart the rules can be. We read each on 2026-10-04. They govern homeowners associations; condominiums are often governed by separate statutes.

Sources: Fla. Stat. 720.3085; Tex. Prop. Code 209.009, 209.0092 and 209.0094; N.C. Gen. Stat. 47F-3-116; A.R.S. 33-1807. Read 2026-10-04. Summaries; read the statute before relying on them.
StateHow the lien is made publicRank against a first mortgageForeclosure limits
Florida (Fla. Stat. 720.3085)Claim of lien recorded in the county public records; it must state the parcel, record owner, association, amount and due dateAs to first mortgages of record, effective only from recording of the claim of lien. A foreclosing first mortgagee that joined the association owes the lesser of 12 months of assessments or 1% of the original debtAssociation may foreclose; a qualifying offer from the owner can stay the action
Texas (Tex. Prop. Code ch. 209)An assessment lien filed in the county official public records is an instrument affecting titleSet by the declaration and other law; not stated in the sections cited hereNo foreclosure if the debt is solely fines or fine-related attorney fees; otherwise a court order in an expedited foreclosure, or a court judgment, comes first
North Carolina (G.S. 47F-3-116)Claim of lien filed with the clerk of superior court after an assessment is 30 days unpaidJunior to mortgages and deeds of trust recorded before the claim of lien, and to tax liensForeclosure like a deed of trust once 90 days unpaid; lien extinguished if not enforced within 3 years of filing
Arizona (A.R.S. 33-1807)Recording the declaration perfects the lien; no claim of lien has to be recordedJunior to a recorded first mortgage or first deed of trust, and to tax liensOnly after 18 months delinquent or $10,000 owed, whichever comes first; lien extinguished if not enforced within 6 years

Where is an HOA lien filed, and will a title search find it?

This is where the state differences bite. In Florida, the claim of lien goes into the county public records, the same Official Records a title search reads. Texas likewise treats a filed lien as part of the title record: "An assessment lien filed in the official public records of a county is a legal instrument affecting title to real property" (Tex. Prop. Code 209.0094).

North Carolina is different. The claim of lien is filed "in the office of the clerk of superior court of the county in which the lot is located", not with the register of deeds (N.C. Gen. Stat. 47F-3-116). A search of the land records alone can miss it; the court's lien filings have to be checked too.

Arizona goes furthest: "Recording the declaration constitutes record notice and perfection of the common expense lien. Further recordation of any claim of common expense lien under this section is not required" (A.R.S. 33-1807). An Arizona HOA lien can exist with nothing new in the recorder's index. The way to find it is to ask the association, which must furnish a statement of unpaid amounts within ten days of a written request.

The practical rule is the same everywhere: a records search shows HOA liens that were filed where it looks, and the association's own statement shows the balance. Our guide to the estoppel letter explains that statement.

Does an HOA lien come before the mortgage?

Usually not, but the detail matters. North Carolina's statute makes a filed claim of lien prior to all liens on the lot except mortgages and deeds of trust recorded before it and tax liens. Arizona's puts the common expense lien ahead of everything except liens recorded before the declaration, a recorded first mortgage or first deed of trust, and tax liens.

Florida's statute relates the lien back to the date the original declaration was recorded, which would put it ahead of most later liens, but then makes an exception: "However, as to first mortgages of record, the lien is effective from and after recording of a claim of lien in the public records of the county in which the parcel is located" (Fla. Stat. 720.3085). When a first mortgagee forecloses and takes title, its liability for past-due assessments is capped at the lesser of 12 months of assessments or 1% of the original mortgage debt, provided it joined the association in the foreclosure.

How does an HOA put a lien on a house?

  1. An assessment goes unpaid

    The declaration sets the assessment and the due date. North Carolina, for example, treats an assessment unpaid for 30 days or longer as lien-eligible.

  2. The association gives the notices the statute requires

    North Carolina requires a statement of the amount due mailed at least 15 days before filing. Arizona requires a written delinquency notice by certified mail at least 30 days before an attorney or collection agency begins collection.

  3. The lien is perfected

    By recording a claim of lien in Florida and Texas, by filing with the clerk of superior court in North Carolina, or automatically by the recorded declaration in Arizona.

  4. The association may sue or foreclose, within limits

    Texas bars foreclosure when the debt is solely fines and otherwise requires a court order or court judgment first. Arizona allows foreclosure only after 18 months of delinquency or $10,000 owed. North Carolina requires the balance to be 90 days unpaid.

  5. Payment leads to a release

    Florida's statute says the person making payment is entitled to a satisfaction of the lien upon payment in full. Once recorded, the satisfaction clears the claim from the public records.

Fines are not always lienable

What should a buyer do about HOA liens?

Use both sources. A title search shows recorded claims of lien, the declaration, and any satisfaction recorded after payment. The association's statement or estoppel certificate shows what is owed today, including amounts that were never recorded. Neither replaces the other, and neither is title insurance or legal advice. For the broader checklist, see how to check for liens on a property.

HeritageDeed runs records-based title searches in the counties on our title search coverage page: a $49 report.

Key takeaways

Key takeaways

  • An HOA lien secures unpaid assessments and is created by the recorded declaration plus state law.
  • Where it is filed varies: county records in Florida and Texas, the clerk of superior court in North Carolina, and nowhere new in Arizona.
  • It is usually junior to a first mortgage recorded before it, with state-specific twists such as Florida's 12-month or 1% cap.
  • Foreclosure is allowed but limited: Texas requires a court order or judgment and bars foreclosure for fines alone; Arizona requires 18 months or $10,000.
  • Ask the association for a written statement of what is owed; a records search alone can miss unfiled amounts.

Frequently asked questions

Can an HOA foreclose on your house?
In many states, yes, within limits. Texas requires a court order or judgment and bars foreclosure when the debt is only fines. Arizona allows it only after 18 months of delinquency or $10,000 owed. North Carolina requires the assessment to be unpaid for 90 days. Florida allows it but lets an owner stay the action with a qualifying offer.
Does an HOA lien survive a mortgage foreclosure?
It depends on priority, on state law and on whether the association was made a party to the case. Florida separately caps what a foreclosing first mortgagee owes for past assessments at the lesser of 12 months or 1% of the original loan, if it joined the association in the case.
How long does an HOA lien last?
It varies. North Carolina extinguishes the lien unless enforcement starts within three years after the claim of lien is filed. Arizona extinguishes it unless enforcement starts within six years after the assessment is due. Other states set their own periods.
Will an HOA lien show up in a title search?
It will if it was filed in the records the search covers. In Florida and Texas, claims of lien go into the county records. In North Carolina they are filed with the clerk of superior court. In Arizona no separate filing is required, so you need the association's statement.
Does an HOA lien affect my credit?
A lien is a claim against the property recorded in public records, not a credit report entry by itself. Whether an association reports a delinquency to a credit bureau is a separate question; Texas, for example, has a separate section on credit reporting by associations.
How do I get an HOA lien removed?
Pay the amount due or resolve the dispute, then make sure a release or satisfaction is recorded or filed where the lien was. Florida's statute entitles the person who pays in full to a satisfaction of the lien.

Sources

Primary records and official documentation cited in this article.

  1. 1The Florida Senate, Fla. Stat. 720.3085 Payment for assessments; lien claims
  2. 2Texas.Public.Law, Tex. Prop. Code 209.009 Foreclosure Sale Prohibited in Certain Circumstances
  3. 3Texas.Public.Law, Tex. Prop. Code 209.0092 Judicial Foreclosure Required
  4. 4Texas.Public.Law, Tex. Prop. Code 209.0094 Assessment Lien Filing
  5. 5North Carolina General Assembly, G.S. 47F-3-116 Lien for sums due the association
  6. 6Arizona Legislature, A.R.S. 33-1807 Common expense liens; priority
Topicshoa lienhoa lien on propertyhomeowners association liencan an hoa foreclose on your househoa foreclosureunpaid hoa dues liendo hoa liens survive foreclosurehow does an hoa file a lien

HeritageDeed provides public-record search reports only. Reports do not constitute title insurance, an attorney opinion of title, or a title insurance commitment.

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