Can an Indiana HOA Foreclose Over Dues?

Indiana puts HOA assessment liens and foreclosure in their own chapter, separate from the Homeowners Associations Act. Knowing how that chapter works is what separates a manageable problem from a crisis. For your specific situation, a licensed Indiana attorney is the right resource. This is general information, not legal advice.

Can an Indiana HOA put a lien on my home?

Generally, yes, if the CC&Rs authorize it and the lien is recorded. Under IC 32-28-14 (Title 32), an HOA's lien attaches to real estate upon the recording of a notice of lien in the county recorder's office. The CC&Rs generally supply the right to charge assessments and secure them with a lien; the chapter supplies the procedure.

The Indiana Homeowners Association Lien Act governs the lien process. Under IC 32-28-14, an HOA's lien "attaches to real estate upon the recording of a notice of lien by the homeowners association in the office of the recorder of the county in which the real estate is located." Recording is the lien-creating event — not merely sending a demand letter.

The HOA's authority to lien generally has to be grounded in the recorded CC&Rs. The CC&Rs are what give the association the contractual right to charge assessments and to secure them with a lien; IC 32-28-14 provides the procedural framework for recording and enforcing that lien.

How long must an Indiana HOA wait before it can foreclose?

At least 90 days. Under Indiana's HOA lien chapter, IC 32-28-14 (Title 32), the association must wait at least 90 days before initiating foreclosure on its lien. That window gives an owner time to verify what is owed, to pay or arrange a payment plan if the amount is not disputed, or to contest a disputed amount.

Indiana attaches a real homeowner-facing protection: the HOA must wait at least 90 days before initiating foreclosure on the lien. That window gives the owner time for several things:

• Verifying what is actually owed
• If the amount is not disputed, paying it or setting up a payment plan may be an option
• Contesting a disputed amount (especially fines that may not properly belong in the assessment account)
• Before litigation begins, a licensed Indiana attorney is the right resource

Does an Indiana HOA need a court order to foreclose?

Yes. Under IC 32-28-14 (Title 32), an HOA may enforce its lien by filing a complaint in the circuit or superior court of the county where the real estate is located, and if the court enters judgment for the HOA, it orders a sale. Indiana has no non-judicial power-of-sale track for HOA liens.

Indiana is a judicial foreclosure state for HOA liens. The act provides that the HOA "may enforce a homeowners association lien by filing a complaint in the circuit or superior court of the county where the real estate that is the subject of the lien is located." If the court enters judgment for the HOA, "the court rendering judgment shall order a sale to be made of the real estate subject to the lien."

That matters because judicial foreclosure means:

• The owner is served with a complaint and has time to answer
• Disputed amounts and lien validity can be litigated before any sale
• The protections of Indiana's general foreclosure procedure apply

There is no non-judicial power-of-sale fast track for Indiana HOA liens. Every foreclosure runs through the courthouse.

Can an Indiana HOA lien expire or lose out to my mortgage?

Yes, both. Under IC 32-28-14-8 (Title 32), the lien lapses unless the enforcement complaint is filed within five years after the lien notice was recorded, and under IC 32-28-14-9 it is void if the association fails to file suit within one year after a written notice to foreclose. Under IC 32-28-14-7, a first-mortgage foreclosure generally cuts the HOA lien off.

The same chapter sets two further limits worth knowing. First, the lien does not last forever. Under IC 32-28-14-8, the HOA's enforcement complaint "must be filed not later than five (5) years after the date the statement and notice of intention to hold a lien was recorded." A recorded HOA lien that is never foreclosed within that five-year window lapses by operation of the statute. Separately, under IC 32-28-14-9, an owner or other interested party (including a mortgagee) can give the lienholder written notice to foreclose; if the association then fails to file a foreclosure action within one year after receiving that notice, the lien "is void."

Second, the chapter is not a super-priority lien that survives a senior mortgage. Under IC 32-28-14-7, when "the mortgagee of a first mortgage of record or other purchaser of real estate obtains title to the real estate as a result of foreclosure of the first mortgage," that acquirer "and the acquirer's successors and assigns are not liable for the share of common expenses or assessments by the homeowners association chargeable to the real estate that became due before the acquisition of title." The unpaid pre-foreclosure share instead becomes a common expense spread among all the owners. In other words, an Indiana HOA lien is generally cut off by a first-mortgage foreclosure rather than jumping ahead of it — the opposite of the limited "super-lien" priority some other states give condominium associations.

What people generally do

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

• A written payoff and the association's financial records show what is owed and how it was calculated. Since July 1, 2026, IC 32-25.5-3-3(o) bars a fee "associated with the production of a statement of account" and says the statement "must be provided to a homeowner upon request," and IC 32-25.5-3-3(n) says an unpaid fee for an optional service "does not constitute a lien against the homeowner's property."
• The 90-day window between the recorded notice and a foreclosure action is the period owners typically use to resolve the debt or arrange counsel.
• Disputed fines and undisputed assessments are treated differently, so they are often looked at separately.
• Whether the CC&Rs actually authorize the lien for the charges being claimed is worth confirming.
• A licensed Indiana attorney is the resource once a notice of lien is recorded — well before the 90 days run.

Sources

• IC 32-28-14 — Homeowners Association Liens
• IC 32-28-14-7 — Liability for unpaid assessment (first-mortgage cutoff)
• IC 32-28-14-8 — Time limit for enforcing lien (five years; lien void)
• IC 32-25.5-3-3 — Records and budget meeting