Minnesota · Weigh your options
HOA and condo association foreclosure in Minnesota
Yes. Under the Minnesota Common Interest Ownership Act, chapter 515B, an association has a lien on your unit from the day each assessment is due, and it can foreclose that lien by advertisement through a sheriff's sale or by a court case. Six months of regular dues can survive your mortgage lender's foreclosure. A 2026 law adds new limits for foreclosures started on or after January 1, 2027: dues must be more than three months past due first, and fine and late fee caps apply.
Reviewed against Minnesota law and official sources on October 12, 2026. General information, not legal advice.
HOA and condo collection rules in Minnesota, step by step
Which law covers your community
Depends on when it was created
Chapter 515B covers condos, planned communities and cooperatives created on or after June 1, 1994. Its lien section also covers older condos created under chapters 515 and 515A. Planned communities created before June 1, 1994, and communities made up only of single family lots where the association maintains no homes, are usually outside chapter 515B unless they opted in, so their declaration controls.
Minn. Stat. § 515B.1-102
The lien starts automatically
From the day each assessment is due
Recording the declaration perfects the lien, so no separate lien filing is needed. Unless the declaration says otherwise, fees, charges, late charges, fines and interest are also liens today. The association must start enforcing within three years after the last installment came due, or the lien is barred.
Minn. Stat. § 515B.3-116(a), (d)
Foreclosure by advertisement or in court
Starting January 1, 2027: only after more than 3 months behind
The association can foreclose like a mortgage with a power of sale, using a sheriff's sale, or by a court case. For foreclosures started on or after January 1, 2027, it cannot begin unless dues, special assessments, or certain serious fines are more than three months delinquent. The lawyer fees and costs in the assessment are not part of what you must pay to reinstate before the sale.
Minn. Stat. § 515B.3-116(h)(1); 2026 Minn. Laws ch. 82, § 9
Six months to redeem after an association sale
6 months from the sale, or less if the law allows
After a foreclosure of the association's lien, your redemption period is six months from the sale date, or a shorter period the law allows. The association's lien amount counts as fair payment for the unit no matter what the unit is worth, so any equity is at risk. Act before the sale.
Minn. Stat. § 515B.3-116(h)(4)
Six months can survive your lender's foreclosure
The 6 months before your redemption period ends
The association's lien comes after your first mortgage and property taxes. But if your first mortgage was recorded after June 1, 1994, and is foreclosed with no redemption, the buyer takes the unit subject to up to six months of regular common expense assessments that came due just before the redemption period ended.
Minn. Stat. § 515B.3-116(b), (c)
Caps on fines, interest and late fees from 2027
Association actions on or after January 1, 2027
A single fine generally cannot exceed $100 unless owners approve more, with exceptions for repeat violations, health or safety risks, damage, and rule-breaking rentals. Interest on late dues is capped at 8 percent and a late fee at the greater of $20 or 5 percent of the amount owed. You can ask for a hearing within 30 days of a fine notice, and the association must consider offering a reasonable payment plan.
Minn. Stat. § 515B.3-102(a)(11), (17), (18); 2026 Minn. Laws ch. 82, § 3
Ask for a statement of what you owe
Answer due within 10 business days
On your written request, the association must give you a statement of unpaid assessments within ten business days. The statement is binding on the association, so ask for it before you pay or negotiate.
Minn. Stat. § 515B.3-116(g)
Common questions in Minnesota
Can a Minnesota HOA foreclose over fines alone?
Under current law, fines are part of the assessment lien unless your declaration says otherwise. For foreclosures started on or after January 1, 2027, the 2026 law limits foreclosure to unpaid dues, special assessments and certain serious fines that are more than three months past due. From that date, your payments must also go to regular and special assessments before fines unless you agree otherwise.
My Minnesota townhome association is older than 1994. Does chapter 515B apply?
Usually not for a planned community created before June 1, 1994, unless it elected to come under the act by recording an amended declaration. Older condominiums are different: the lien section of chapter 515B covers them. Ask the association which law it follows and get a copy of its declaration and bylaws.
Can my Minnesota association refuse my partial payment?
Starting January 1, 2027, an association may not refuse a payment of any amount for an assessment, fine or fee unless it has already started a foreclosure. Accepting the payment does not waive its claims. Pay by a method that leaves a record and keep proof.
Step by step
More on foreclosure in Minnesota
Understand the process
What is happening and how much time there is.
Weigh your options
What can stop it, and what happens if it goes ahead.
Get help now
Who to call, and what to do when a sale is scheduled.
Also in Minnesota
Property tax foreclosure Claim surplus funds Deficiency judgments HOA and condo liens (this page)Renters after foreclosure Letters you may getBack to the Minnesota overview
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Sources for this page
- Minn. Stat. § 515B.3-116, Lien for assessments
- Minn. Stat. § 515B.1-102, Applicability
- Minn. Stat. § 515B.3-1151, Assessments for common expenses
- 2026 Minn. Laws ch. 82 (S.F. 1750), Common interest communities
- 2026 Minn. Laws ch. 61 (S.F. 3622), Common Interest Ownership Act changes
- Minn. Stat. § 580.042, Foreclosure advice notice to tenant
- Minn. Stat. § 504B.285, Eviction actions; grounds
- Minn. Stat. § 504B.151, Lease terms for buildings in financial distress
- Minn. Stat. § 504B.178, Security deposits
- Protecting Tenants at Foreclosure Act, note under 12 U.S.C. § 5220 (govinfo)
- 42 U.S.C. § 1437f, Section 8 voucher leases after foreclosure (govinfo)
- Minn. Stat. § 580.021, Foreclosure prevention counseling
- Minn. Stat. § 580.03, Notice of sale; service on occupant
- Minn. Stat. § 580.041, Foreclosure advice notice to owner
- Minn. Stat. § 580.07, Postponement
- Minn. Stat. § 580.10, Surplus
- Minn. Stat. § 580.23, Redemption by mortgagor
- Minn. Stat. § 580.30, Mortgages, when reinstated
- Minn. Stat. § 582.032, Five-week redemption period for abandoned property
- Minn. Stat. § 582.043, Loss mitigation; mortgage foreclosure dual tracking
- Minn. Stat. § 582.30, Deficiency judgments
- Minn. Stat. § 325N.03, Contract
- Minn. Stat. § 325N.04, Violations
- Minnesota Attorney General, Facing Mortgage Foreclosure
- Minnesota Judicial Branch, Foreclosures
- Minnesota Housing, Deadline to apply for HomeHelpMN is July 7
- Minn. Stat. § 580.24, Redemption by creditor
- Laws of Minnesota 2025, chapter 35, article 10 (Mortgage Foreclosure)