If you own a home in a condominium or homeowners association in Washington DC, Northern Virginia, or Maryland, failing to pay your HOA or condo dues can have severe consequences — including foreclosure on your home. Understanding how HOA foreclosures work in each jurisdiction is essential for protecting your property and your financial stability.
HOA and condo association dues fund the maintenance of common areas, shared infrastructure, landscaping, recreational facilities, building systems, and management costs. These assessments are legally binding obligations under your association’s declaration and, in many cases, state law. Whether you live in a Capitol Hill condo, a townhome community in Fairfax County, or a neighborhood HOA in Bethesda, your payment obligations are backed by lien authority granted to the association under DC, Virginia, and Maryland law.
When dues go unpaid, the association faces a funding shortfall that affects every resident — not just the delinquent owner. Associations have a legal responsibility to collect assessments, and the law in DC, Virginia, and Maryland grants them significant enforcement tools to do so.
When a homeowner consistently fails to pay HOA or condo assessments, the association can place a lien on the property. This lien prevents the property from being sold or refinanced until all outstanding charges — including unpaid dues, late fees, interest, attorney fees, and collection costs — are fully satisfied.
In Washington DC, the DC Condominium Act (§ 42-1901 et seq.) grants condominium associations the authority to place liens on units for unpaid assessments. DC Code § 42-1903.13 specifically addresses assessments, late charges, and the association’s lien rights. Associations may charge interest on unpaid dues at an annual rate of 10% or the maximum rate allowed for first mortgages in DC, whichever is less.
In Virginia, POAA § 55.1-1833 grants property owners’ associations lien authority for unpaid assessments. For condominium associations, Virginia Condominium Act § 55.1-1965 establishes parallel lien rights. The association must record the lien in the land records of the applicable jurisdiction (circuit court clerk’s office) to make it enforceable against third parties.
In Maryland, HOAs may file liens for unpaid assessments under Real Property § 11B-117, and condominium associations may do so under Real Property § 11-130. Maryland requires the lien to be recorded in the circuit court of the county where the property is located.
An HOA foreclosure begins when the association records a lien and the homeowner fails to cure the delinquency within the required notice period. The association may then initiate foreclosure proceedings to force the sale of the property and satisfy the lien from the proceeds.
In DC, HOA and condo associations can foreclose non-judicially (without a court order) or judicially, depending on what the DC Condominium Act and the association’s governing documents permit. The DC Saving Homes from Foreclosure Act (DC Code § 42-815.03) established mediation requirements for mortgage lenders — but it does not prevent condo or HOA associations from foreclosing on a property for unpaid dues.
In Virginia, foreclosure by an HOA or condo association for unpaid assessments must follow the notice and cure procedures under POAA § 55.1-1833 and Virginia Condominium Act § 55.1-1965. Virginia generally requires a threshold amount of unpaid assessments and proper notice before a foreclosure can proceed. Legal counsel experienced in Virginia HOA law should guide boards through this process.
In Maryland, associations pursue lien foreclosure through the circuit courts, following Maryland’s foreclosure procedures. The procedural requirements and statute of limitations vary, and an HOA attorney familiar with Maryland Real Property law is essential for navigating the process correctly.
In Washington DC, condo associations benefit from “super lien” priority under DC Code § 42-1903.13(h). A super lien gives the condo association’s lien priority over a first mortgage — but only for up to six months’ worth of unpaid assessments. This means that even if a lender holds a first mortgage recorded before the assessments became delinquent, the condo association’s claim for those six months of past-due dues takes priority over the lender’s claim in a foreclosure sale. This significantly increases the leverage associations have in collecting delinquent dues — and creates serious financial risk for delinquent owners, as the super lien can be satisfied ahead of their mortgage lender.
Virginia provides a similar limited super lien priority to condo associations for a defined period of unpaid assessments under § 55.1-1965. Maryland’s approach to assessment lien priority varies by circumstances; property owners and boards should consult HOA counsel to understand lien priority in their specific jurisdiction.
In Washington DC, an association must initiate foreclosure proceedings within three years of the date when the assessments became due. If the association fails to act within this window, the lien can be extinguished. This limitation period applies to DC’s condominium assessment liens and provides some protection for homeowners if the association unreasonably delays enforcement. Virginia and Maryland have their own limitation periods for HOA liens. Boards should consult HOA counsel to ensure timely enforcement action is taken to preserve lien rights.
The most reliable way to prevent HOA foreclosure is to pay your assessments on time. But if you’ve fallen behind, immediate action is critical:
HOA boards across DC, Northern Virginia, and Maryland have both a right and a fiduciary duty to collect assessments. Allowing significant delinquencies to accumulate without enforcement action harms the entire community. Best practices for boards include:
Gordon James Realty provides professional community association management services across Washington DC, Northern Virginia, and Maryland. Our team is experienced in collections management, lien coordination, and working with HOA attorneys to protect the association’s financial health while treating homeowners fairly. Learn more about our HOA management services or contact our team today.
Can a DC condo association foreclose on my home if I’m current on my mortgage but behind on HOA dues?
Yes. Under the DC Condominium Act (§ 42-1901 et seq.) and DC Code § 42-1903.13, a condo association has independent lien and foreclosure authority that does not depend on your mortgage status. If you are current on your mortgage but delinquent on condo dues, the association can still place a lien on your unit and initiate foreclosure proceedings. DC’s super lien provision (§ 42-1903.13(h)) even gives the association priority over your first mortgage lender for up to six months of unpaid assessments.
What is the HOA super lien in DC, and why does it matter?
DC Code § 42-1903.13(h) grants condo associations a super-priority lien for up to six months of unpaid assessments. This means the association’s claim for those six months takes priority over the first mortgage lender’s claim in a foreclosure sale. For homeowners, this means falling behind on condo fees in DC creates urgent financial risk — even if you’re current on your mortgage. Virginia provides a similar limited super lien for condo associations under § 55.1-1965. Both DC and Virginia use this mechanism to incentivize associations and lenders to resolve delinquencies quickly.
How can a homeowner in a DC, Virginia, or Maryland HOA stop a foreclosure already in progress?
In DC, you can stop a non-judicial HOA foreclosure at any time before the sale by paying all outstanding assessments, fees, penalties, interest, and attorney costs in full. If a foreclosure sale has already been scheduled, act immediately — contact the association or its counsel to confirm the total amount required and arrange payment before the sale date. In Virginia and Maryland, judicial foreclosure proceedings can similarly be halted by payment, and courts may grant additional time if the homeowner is actively working to cure the delinquency. Consulting an HOA attorney in the relevant jurisdiction is strongly recommended as soon as you receive a foreclosure notice.
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