Liens & ForeclosureWV
Can a West Virginia HOA Foreclose Over Dues?
By The HOARebel Team · May 29, 2026 · 2 min read · Updated June 7, 2026
Few HOA threats are scarier than the word "foreclosure." In West Virginia, the Uniform Common Interest Ownership Act (W. Va. Code Ch. 36B) gives the association a lien for unpaid assessments — and that lien can be enforced. Understanding how it works is the first step to scrutinizing it. For your specific situation, a licensed West Virginia attorney is the right resource. This is general information, not legal advice.
The assessment lien (§36B-3-116)
The lien is automatic — it attaches when the assessment or fine comes due, without the association having to record anything first:
"The association has a lien on a unit for any assessment levied against that unit ... from the time the assessment or fine becomes due." — W. Va. Code §36B-3-116
Two points follow. First, the lien can secure fines as well as assessments — which is why an improper fine is worth challenging promptly. Second, the lien exists by operation of the statute, so the dispute is usually about the amount and the procedure, not whether a lien can exist.
A six-month priority over a first mortgage
West Virginia follows the UCIOA priority structure. The lien is generally subordinate to a first security interest recorded before the assessment became delinquent — but §36B-3-116 carves out an exception: the lien is prior to that first mortgage to the extent of the common-expense assessments, based on the periodic budget, that would have become due "during the six months immediately preceding" an action to enforce the lien. That six-month slice is the practical heart of the lien. The lien is also extinguished unless enforcement begins within three years after the full amount becomes due.
Enforcement and your protections
Section 36B-3-116 allows the lien to be foreclosed, and the owner (or another lienholder) may generally cure the default before the sale. What the statute makes clear is that the amount, the accounting, interest, and fees the association adds are governed by the statute and the declaration, and are reviewable. A lien built on an improperly imposed fine or a disputed balance is not beyond challenge.
This applies to older communities too
The lien provision isn't limited to newer communities. Under §36B-1-204, §36B-3-116 applies to preexisting communities for assessments and fines coming due after the Act took effect. See Which West Virginia Laws Govern Your HOA?.
Practical takeaways
- The lien is automatic, but the balance is reviewable — a records request can reach the ledger showing how it was calculated.
- Because the lien can secure fines, the fine procedure (notice and a hearing under §36B-3-102(a)(11)) matters here.
- For anything approaching actual foreclosure, the process, the notice, and the defenses are something a licensed West Virginia attorney should review promptly.