Can an Arizona HOA Foreclose Over Dues?

Unpaid assessments in Arizona create a lien on the home — but the Planned Communities Act sets a high bar before the association can foreclose, and that bar is measured in assessments, not fines. For your specific situation, a licensed Arizona attorney is the right resource. This is general information, not legal advice.

Can an Arizona HOA put a lien on my home?

Yes. Under A.R.S. § 33-1807, an Arizona association has a common expense lien on a property for any assessment levied against that property from the time the assessment becomes due. The lien arises automatically at that point, and no separate filing is needed for it to attach.

Under § 33-1807, "[t]he association has a common expense lien on a property for any assessment levied against that property from the time the assessment becomes due."

Does an Arizona HOA lien outrank my first mortgage?

Generally, no. Under A.R.S. § 33-1807, the association's common expense lien is subordinate to a recorded first mortgage or recorded first deed of trust on the property. So a pre-existing first mortgage normally outranks the association, and Arizona gives no super-priority slice of the HOA lien ahead of it.

The statute makes the common expense lien subordinate to "a recorded first mortgage on the property" or "a recorded first deed of trust on the property."

How far behind before an Arizona HOA can foreclose?

Once assessments are 18 months delinquent or $10,000 or more is owed, whichever occurs first. Under A.R.S. § 33-1807, the threshold is determined on the date the foreclosure action is filed, and fines and late charges alone do not count toward it. Since September 12, 2026, special assessments initially valued at $10,000 or more use only the 18-month test.

This is Arizona's most owner-protective feature. The lien "may be foreclosed only if the owner has been and remains delinquent in the payment of any assessment … for a period of eighteen months or in the amount of $10,000 or more, whichever occurs first, as determined on the date the action is filed." Three points matter:

• The threshold is high — 18 months of delinquency or $10,000, whichever comes first.
• It is keyed to assessments. Because the trigger is unpaid assessments, fines and late charges by themselves do not push an owner to the foreclosure line. Penalties are real obligations, but they are not the foreclosure trigger.
• Large special assessments use only the time test. Since September 12, 2026, "[f]or any special assessment with an initial value of $10,000 or more, only the eighteen-month delinquency threshold applies" (SB 1246, Laws 2026, ch. 162).

How foreclosure works

If the high threshold is met, the lien can be foreclosed like other real-property liens, through the court process and the protections it carries. A licensed Arizona attorney can explain the steps and timeline that apply to a specific foreclosure.

What people generally do

In an Arizona assessment-debt situation, a few points commonly matter:

• The association's records and a payoff figure show what is actually owed — and how much is assessments versus fines.
• Disputed penalties and undisputed assessments are treated differently, since only assessments count toward the foreclosure threshold.
• A payment plan, before costs and attorney's fees accumulate, is something owners often raise with the board.
• A licensed Arizona attorney, or the Department of Real Estate petition for disputes, are the resources while options remain open.

Sources

• A.R.S. § 33-1807 — Lien for assessments; priority; foreclosure
• A.R.S. § 33-1803 — Assessment limitation; penalties; notice of violation
• Arizona SB 1246 (Laws 2026, ch. 162) — special-assessment foreclosure threshold