ForeclosureCA
Can My HOA Foreclose on My Home in California?
By The HOARebel Team · May 25, 2026 · 2 min read · Updated June 7, 2026
In California, a homeowners' association can foreclose on a home to collect unpaid regular assessments — but the Davis-Stirling Common Interest Development Act puts a meaningful floor in the way: the debt has to be substantial before foreclosure is even available. This is general information about how that framework works, not legal advice.
Where the rules come from: Davis-Stirling (Civil Code §§4000–6150) is the main state law governing California common interest developments, but it does not operate alone. The association's recorded declaration (CC&Rs), applicable federal law, and California's nonprofit corporation law all apply alongside it.
The dollar-or-time threshold
The central protection is in §5720. An association may record a lien for delinquent assessments, but it cannot move to foreclose that lien until the debt is large enough or old enough:
"may not foreclose until the amount of the delinquent assessments secured by the lien, exclusive of any accelerated assessments, late charges, fees and costs of collection, attorney's fees, or interest, equals or exceeds one thousand eight hundred dollars ($1,800) or the assessments secured by the lien are more than 12 months delinquent." — §5720(b)(2), Cal. Civ. Code
Two things stand out. First, the $1,800 figure counts only the assessments themselves — late charges, collection fees, attorney's fees, and interest don't count toward it. Second, the time-based alternative (more than 12 months delinquent) means a long-running delinquency can qualify even below the dollar amount.
Notice and other steps come first
Foreclosure is the last step, not the first. Davis-Stirling generally requires the association to provide advance notice of the delinquency and the right to dispute it, to offer the owner the chance to discuss a payment plan, and to follow specific pre-lien and decision procedures before recording a lien and pursuing collection. These steps exist to give owners a path to resolve the debt before a home is ever at risk.
The bigger picture
California sets a higher bar for assessment-lien foreclosure than many states, but the remedy still exists once the threshold is crossed and the required steps are followed. Whether the threshold was met and the procedures observed is fact-specific, and a licensed California attorney is the right resource for advice on a particular situation. For how this compares to other states, see our general overview of whether an HOA can foreclose on your home.
Frequently asked questions
How far behind do I have to be before my California HOA can foreclose?
Under §5720, the association generally cannot foreclose until the delinquent assessments alone reach $1,800, or the assessments are more than 12 months delinquent — whichever comes first.
Do late fees and attorney's fees count toward the $1,800?
No. The statute excludes accelerated assessments, late charges, collection fees and costs, attorney's fees, and interest from the $1,800 calculation — only the assessments themselves count.
What can I do if my HOA threatens foreclosure?
The options depend on the specific facts — the amounts, the timeline, and whether the required notices and procedures were followed. A licensed California attorney familiar with Davis-Stirling is the appropriate resource.