Condo associations can now foreclose over unpaid assessments only after 18 months or $10,000 in delinquency, special assessments of $10,000 or more fall under an 18-month-only rule for both condos and planned communities, and neither type of association may transfer ownership or control of these debts.
Official title: HOAs; expense liens; special assessment
- September 12, 2026
What changes
BeforeA condo association could foreclose its lien if the owner was behind on assessments for 1 year or by $1,200 or more, whichever came first.
NowA condo association may foreclose only if the owner has been and remains behind on any assessment or part of one for 18 months or by $10,000 or more, whichever comes first, measured on the date the case is filed.
BeforeFor condos, the $1,200 amount test applied to all assessments. For planned communities, the 18-month or $10,000 test applied to all assessments.
NowFor both condos and planned communities, if a special assessment had an initial value of $10,000 or more, only the 18-month delinquency test applies to it, not the $10,000 amount test.
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NowCondo and planned community associations may not transfer ownership or control of debt for common expense liens or for owner or member expenses.
Who it affects
- Condominium unit owners
- Members of planned communities (homeowners' associations)
- Condominium and planned community associations and their boards
What you need to do
Nothing.
What the law doesn't answer
- Whether the new rules apply to delinquencies or foreclosure cases that began before the law takes effect
- What specific actions count as transferring 'ownership or control' of the debt, and how this relates to existing rules letting attorneys or collection agencies collect for the association
- What happens if an association transfers the debt anyway
- How a 'special assessment' is defined
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.