Can an HOA take your house in Maryland? Understanding eviction, resident rights, and more

Can an HOA take your home in Maryland?

In Maryland, a homeowners association (HOA) cannot directly evict you from your home, but it may pursue foreclosure if you fall behind on regular dues or special assessments. Unlike landlords, HOAs don’t remove residents through eviction proceedings. Instead, they can file a lien on your property for unpaid amounts owed under the community's governing documents. If that lien remains unresolved, it may lead to foreclosure. Under Maryland HOA laws, this legal process allows the HOA to force the sale of the home in order to collect what’s owed.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Understanding HOA foreclosure

HOA foreclosure is the legal process that allows an association to collect certain unpaid assessments by forcing the sale of a property. In Maryland, this usually starts when the HOA records a lien in the county land records for amounts owed under the governing documents. If the balance remains unpaid, the association may move forward with a foreclosure action, depending on how much is owed and how long the account has been delinquent.

This process is separate from mortgage foreclosure and follows different rules and timelines. Most owners receive multiple notices and a chance to resolve the issue before it escalates. While foreclosure by an HOA isn’t common, it can happen, especially when dues go unpaid for an extended period and communication stalls.
 

Reasons for HOA foreclosure

The most common reason an HOA may initiate foreclosure in Maryland is nonpayment of assessments or other financial obligations. These typically include:

• Monthly or annual assessments: Regular dues that fund the maintenance and operation of the community.
   
• Special assessments: One-time charges to cover unexpected or large expenses, such as roof replacements or emergency repairs not covered by the HOA reserve fund.
   
• Late fees and interest: Charges added when assessments are not paid on time.

When these amounts go unpaid, they accumulate and may lead to a lien. If the debt remains unresolved, the association may have the right to begin foreclosure, even for relatively small balances. However, foreclosure is typically a last resort. In practice, most associations give multiple reminders and repayment options before pursuing litigation, because legal costs can quickly eclipse a small delinquency. If you’re having trouble paying, it’s important to reach out early, ask about payment options, and review your community’s collections policy. A clear line of communication can help prevent a tough situation from getting worse.
 

Resident and homeowner rights

Maryland law gives homeowners several important rights in the event that a homeowners association files a lien or initiates foreclosure.

Under Maryland statutes, the HOA typically must provide:

• Written notice of the delinquency and intent to create a lien
   
• Details about the debt, including how it was calculated
   
• An opportunity to dispute the charges or request a hearing
   
• A chance to pay the full amount owed and have the lien released

Homeowners may also have a “right of redemption,” which allows them to repay the full amount owed (including fees and legal costs) and stop the foreclosure process, even after a judgment has been entered. The timeline and eligibility for this right may vary depending on the specifics of the case. It is always recommended that homeowners speak with qualified legal counsel if they receive a notice of lien or foreclosure.
 

Landlord and management company rights and duties

When a property is rented within an HOA community, both the landlord and the professional HOA management company (if one is in place) have responsibilities related to dues, rule enforcement, and communication. The HOA cannot take action directly against a tenant for unpaid assessments, because those obligations rest with the owner of record. However, if the owner fails to pay, the HOA may still pursue legal remedies, including foreclosure. In that scenario, tenants may be affected by the outcome even though they are not responsible for the unpaid debt.

Landlords are encouraged to stay current on their financial obligations and keep tenants informed of any community rules that affect them. In some communities, leases must be submitted to the association, or tenants may be required to sign a rules acknowledgment form. Management companies hired by the HOA help carry out board policies, collect assessments, and communicate with residents. They often serve as a first point of contact if a payment is missed or if questions arise about the association's authority to take legal action.
 

Preventing foreclosure and staying informed

If you’re concerned about whether an HOA can take your house, the best step is to understand your rights and stay proactive about communication and payments. Here are a few ways to reduce the risk:

• Know your governing documents: Understand your responsibilities and how assessments are structured.
   
• Keep contact information up to date: That way, you’ll receive any notices or warnings promptly.
   
• Communicate early: If you know you’ll miss a payment, contact your board or manager to ask about payment options.
   
• Monitor your account: Review statements regularly and check for any errors or outstanding balances.

HOA foreclosures in Maryland are relatively rare, but they can happen. The question of whether an HOA can take your house is one that many homeowners don't think about until a problem arises. Staying informed and addressing issues early can make a significant difference.
 

How FirstService Residential supports communities

At FirstService Residential, we work with community associations across Maryland to support governance, financial management, and clear communication. We help board members carry out their responsibilities while offering guidance and support to residents who need it through a 24/7 Customer Care team. We assist with assessment collection, resident communication, and tracking compliance. Contact FirstService Residential today to learn how we can simplify life in your community.