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Can my HOA foreclose on my home in California?

Yes, but only after strict steps. In general, an HOA cannot foreclose unless your past-due assessments reach at least $1,800 or are more than 12 months late, not counting late fees, interest, and collection costs. The HOA must send notices, offer a way to work out the dispute, and vote as a board. Even after an HOA sale, you generally have 90 days to redeem, which means buy your home back.

By Guillermo Serafin, broker and owner of Serve First Realty. Updated October 2026.

How much do I have to owe before an HOA can foreclose?

Generally, the HOA cannot foreclose, in court or out of court, unless one of these is true:

  • Your past-due assessments add up to $1,800 or more, or
  • Your assessments are more than 12 months past due.

These do not count toward the $1,800: late charges, collection costs, attorney fees, interest, and assessments the HOA sped up because you fell behind. Some exceptions apply.

What must the HOA do before it forecloses?

  • Send you a certified letter at least 30 days before it records a lien on your home. The letter must list what you owe, item by item, and explain your right to dispute resolution.
  • Wait generally at least 30 days after the lien is recorded before it moves to collect through the lien.
  • Offer dispute resolution, and take part in it if you ask.
  • Have the board itself vote to foreclose. The board cannot hand this choice to a manager or collector. The vote must happen at least 30 days before a public sale, with notice to you.

What should I do if I get an HOA notice?

  • Read it the day it comes. Write down every date in it.
  • Check the itemized amounts. Ask in writing about any charge you do not understand.
  • Ask in writing for dispute resolution if you disagree.
  • Ask whether the HOA will agree to a payment plan. Get any deal in writing.
  • Keep copies of everything, with proof of when you sent it. Our call log and document tracker works for HOA calls too.
  • Get free legal help early. Housing and Economic Rights Advocates (HERA) handles HOA foreclosures for low and moderate income Californians: 510-271-8443, extension 300. Find more legal aid at LawHelpCA.

Can I get my home back after an HOA sale?

Often, yes, for a short time. A qualifying HOA foreclosure sale comes with a 90-day right to redeem after the sale. That means you may be able to buy your home back within 90 days. This is a special right. It does not apply after most mortgage foreclosure sales. If your home was sold by an HOA, talk to an attorney right away about what you must pay and how. Also see what happens after the auction.

What if I am behind on my mortgage too?

  • HOA deadlines and mortgage deadlines can run at the same time. Do not assume you can add them together for more time.
  • If you have a reverse mortgage, unpaid HOA dues can lead to a reverse mortgage foreclosure. See our reverse mortgage guide.
  • If you cannot catch up, selling may protect your equity. See selling to save your equity.
  • Call a free HUD-approved housing counselor at 800-569-4287.

General information, not legal advice. Sources: California Civil Code sections 5660, 5700, 5705, and 5720; California Code of Civil Procedure section 729.035; California Courts Self-Help Guide, Your Rights in a Nonjudicial Foreclosure.

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