HOA liens and collections under Virginia law

An owner is four months behind. The treasurer flags it at the meeting, and someone asks the question every board eventually asks: can we put a lien on the house?

In Virginia the answer is yes, with a catch most boards do not know about. An HOA lien does not exist until it is recorded, and the deadline to record depends on whether your community is an HOA or a condominium. Miss it and that assessment can no longer be secured by a lien, though the debt itself remains.

This guide covers the Virginia sequence from missed payment to foreclosure, the rules for HOAs and condominiums, what the lien can cover, and how a steady collections process keeps most accounts from reaching that point.

What is an HOA lien?

An HOA lien is a legal claim an association records against a lot or unit for unpaid assessments. It attaches the debt to the property, so it must be satisfied before the owner can sell or refinance with clear title.

Under both Virginia statutes the association has a lien "once perfected," and perfecting it means recording a verified memorandum of lien with the circuit court clerk where the property sits. Until that memorandum is recorded there is a debt, but there is no HOA lien on property.

The memorandum identifies the lot or unit, names the owners, states the amounts and the dates they came due, and gives a contact for payoff. It is not a court judgment: a judgment follows a lawsuit, while a memorandum of lien is recorded without one, though an association can pursue both.

Virginia HOA lien rules: HOAs vs. condominiums

Virginia sets HOA lien rules in two statutes. HOAs follow the Virginia Property Owners' Association Act at § 55.1-1833, and condominiums follow the Virginia Condominium Act at § 55.1-1966. The deadline to record is where they part company: 12 months for HOAs, 90 days for condominiums.

The 90-day condominium window is the one that catches boards out, because an account that drifts through a single quarter has already passed the deadline for the first missed assessment. A Virginia HOA lien has a more forgiving runway, and boards that have served on both sometimes carry the wrong assumption across.

The deadline attaches to each assessment rather than the account. Missing it means that assessment cannot be perfected, but later ones still have their own windows and the debt stays collectible either way. Confirm which deadline applies to your community with counsel.

What an HOA lien can cover

Unpaid assessments are the core of it. On enforcement the association can also recover interest at the legal rate, plus costs and reasonable attorney fees if it prevails. Covenant enforcement charges count too, and both Acts use the same sequence first: written notice and a reasonable opportunity to correct, then, if the matter remains, a hearing noticed 14 days ahead with the result delivered within seven days (§ 55.1-1819 for HOAs, § 55.1-1959 for condominiums). A charge assessed that way is treated as an assessment for lien purposes, capped at $50 per single offense or $10 a day for a continuing one, and cannot run past 90 days.

Where an HOA lien stands against the mortgage

Neither Act gives the association a super-priority lien, but the exceptions differ. Under § 55.1-1833 a perfected HOA lien ranks behind real estate tax liens, anything recorded before the declaration, and any mortgage or deed of trust recorded before perfection. The condominium exception at § 55.1-1966 is narrower: it reaches a first mortgage or first deed of trust securing an institutional lender, so a junior mortgage is a different question. In a foreclosure or short sale the tax collector and the lender are usually paid first, one more reason early collections beat late enforcement. Confirm the stack with counsel before describing it to an owner.

What happens if you don't pay HOA fees in Virginia?

The account moves through a predictable sequence: late charges and notices, then a recorded lien, then possible foreclosure if the balance passes $5,000 and stays unpaid. An owner can stop the process at any point before a sale by paying what is owed plus enforcement costs.

1. Missed due date. Late charges and interest as set by the governing documents and the collection policy.
2. Notices. A late notice, a reminder and a final notice, on the schedule the policy sets.
3. Pre-lien notice. For HOAs, written notice by certified mail at least 10 days before filing.
4. Memorandum of lien recorded. 12 months for an HOA, 90 days for a condominium.
5. Referral to association counsel.
6. Pre-sale notice, on the nonjudicial path. At least 60 days, with the amount owed and a pay-by date.
7. Foreclosure, judicial or nonjudicial, subject to the $5,000 minimum.

Do you have to pay HOA fees? Yes. Assessments are an obligation of ownership under the recorded declaration, and the owner stays personally liable whether or not an HOA lien is ever recorded. The association can also sue on the debt separately from the lien.

When HOA foreclosure becomes possible

HOA foreclosure in Virginia is a last step with real thresholds attached. More than $5,000 must be secured by the lien, not counting attorney fees and costs. Under current law, foreclosure must begin within 120 months of the memorandum being recorded. On the nonjudicial route the owner must first receive at least 60 days' written notice stating what is owed and what will satisfy it, and can stop the sale by paying the debt and enforcement costs any time before it happens.

How the HOA collections process works when dues go delinquent

HOA collections is the board-approved process an association follows to recover delinquent HOA dues. It works best written down, applied identically to every owner, and started early.

• A written HOA collection policy. Adopted by board resolution, it sets due dates, late charges, the notice schedule, when an account goes to counsel, and whether payment plans are offered. Virginia's statutes require neither a policy nor payment plans, so this is best practice rather than law.
• Consistency. Treating every account the same way is fairer and far easier to defend.
• Timing. The recording deadlines run from the missed assessment, not from the day the board decides to act.
• Counsel. Lien filing and foreclosure are attorney work, and federal debt-collection rules can apply where a third-party collector is involved.
• Payment options. Online payment and auto-pay remove friction for owners catching up.

Most accounts never reach an HOA lien, and the ones that do usually drifted because nobody acted on the first missed month. Boards that would rather have this run by a dedicated team can see how Landmarc handles HOA collections.

Why HOA delinquency matters beyond the budget

Unpaid dues shift costs onto paying neighbors and squeeze what a community had planned to put into reserves. In condominiums, HOA delinquency reaches further than the budget.

At that point delinquency stops being an accounting problem and starts affecting whether buyers can get a conventional mortgage, which reaches every owner's resale value.

Frequently asked questions

Can an HOA put a lien on your house in Virginia?

Yes, for unpaid assessments, once the association records a verified memorandum of lien with the circuit court clerk. An HOA must first send written notice by certified mail at least 10 days before filing, and record within 12 months of the first missed assessment. Condominiums must record within 90 days.

How long does an HOA lien last in Virginia?

Under current law the association has 120 months, or 10 years, from the date the memorandum is recorded to begin enforcing the lien through foreclosure. The lien is released once the balance and costs are paid. Both Acts use the same window.

Can an HOA foreclose on a home in Virginia?

Yes, but only where more than $5,000 is secured by the lien, not counting attorney fees and costs. The association may proceed judicially or nonjudicially, and the nonjudicial route requires at least 60 days' written notice first. The owner can stop the sale by paying the debt and enforcement costs before it occurs.

Does an HOA lien take priority over my mortgage?

Generally no, though the two Acts draw the line differently. A perfected HOA lien under § 55.1-1833 ranks behind real estate tax liens, anything recorded before the declaration, and any mortgage or deed of trust recorded before perfection. The condominium exception at § 55.1-1966 is narrower, reaching a first mortgage or first deed of trust securing an institutional lender.

Can covenant enforcement charges become part of an HOA lien in Virginia?

Yes. Charges assessed after the procedure each Act requires are treated as assessments for lien purposes under both Acts. They are capped at $50 for a single offense, or $10 per day for a continuing one, not exceeding 90 days.

The lien is the backstop, not the plan

In Virginia an HOA lien is a tool with hard deadlines attached, and a written, consistently applied collections process keeps most accounts from ever needing one. The communities that rarely file liens are not the ones that never see a late payment. They are the ones that act in month one.