Liens & ForeclosureAZ
Can an Arizona HOA Foreclose Over Dues?
By The HOARebel Team · June 2, 2026 · 2 min read
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.
The lien is automatic: A.R.S. § 33-1807
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." The lien arises automatically when the assessment becomes due — no separate filing is needed for it to attach.
Where the lien sits in line
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." So a pre-existing first mortgage normally outranks the association, and Arizona gives no super-priority slice ahead of it.
A high bar for foreclosure — measured in assessments
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." Two 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.
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.