US-CaliforniaCan my HOA foreclose on my property for unpaid assessments?
Yes, your HOA can foreclose on your property for unpaid assessments in California, but only after meeting strict legal requirements—including a 30-day notice, a board hearing, and compliance with Civil Code §5720.
What the Law Says
California law permits HOAs to foreclose on a homeowner’s property for unpaid assessments—but only if specific statutory conditions are met. The process is tightly regulated to protect homeowners from arbitrary or premature foreclosure.
Under California Civil Code §5650, HOAs may collect delinquent assessments using liens and, if necessary, foreclosure. However, Civil Code §5720 sets strict prerequisites before an HOA may initiate foreclosure.
The HOA must first record a lien under §5675, then provide a written notice of default at least 30 days before filing a notice of foreclosure sale. Importantly, the delinquent amount must exceed $1,800—or be overdue for more than 12 months—before nonjudicial foreclosure is allowed.
The board must also hold a confidential, internal hearing (§5720(b)) where the homeowner may appear and present evidence. Only after this hearing—and if the board votes affirmatively—may the HOA proceed with foreclosure.
Statutory TextThe association may not commence foreclosure proceedings unless the amount of the delinquent assessments exceeds one thousand eight hundred dollars ($1,800) or the delinquent assessments are more than 12 months delinquent.
— Civil Code §5720(a) — Foreclosure restrictions
Statutory TextBefore commencing foreclosure, the board shall hold a hearing… The hearing shall be held within 30 days of the date the owner requests the hearing.
— Civil Code §5720(b) — Hearing requirement
What Courts Have Said
California courts have reinforced the mandatory nature of the statutory safeguards before HOA foreclosure.
The court held that failure to hold the required §5720(b) hearing voids the foreclosure, even if the debt was valid—emphasizing procedural protections as jurisdictional prerequisites.
The court ruled that an HOA cannot bypass the $1,800/12-month threshold by aggregating pre-lien fees; only assessments properly levied and delinquent count toward the statutory minimum.
What to Do
Review your assessment statements and confirm whether the delinquency meets the $1,800 or 12-month threshold under Civil Code §5720(a).
Within 30 days of receiving a notice of default, submit a written request for a board hearing under §5720(b).
Attend the hearing prepared with documentation (e.g., payment records, hardship evidence) and request written confirmation of the board’s decision.
If the HOA proceeds without complying with §5720, consult an attorney immediately—the foreclosure may be invalid and subject to injunction or damages.
Consider negotiating a payment plan before foreclosure begins; many HOAs will accept settlements to avoid litigation costs.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.