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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.

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Sources for this page

  1. Minn. Stat. § 515B.3-116, Lien for assessments
  2. Minn. Stat. § 515B.1-102, Applicability
  3. Minn. Stat. § 515B.3-1151, Assessments for common expenses
  4. 2026 Minn. Laws ch. 82 (S.F. 1750), Common interest communities
  5. 2026 Minn. Laws ch. 61 (S.F. 3622), Common Interest Ownership Act changes
  6. Minn. Stat. § 580.042, Foreclosure advice notice to tenant
  7. Minn. Stat. § 504B.285, Eviction actions; grounds
  8. Minn. Stat. § 504B.151, Lease terms for buildings in financial distress
  9. Minn. Stat. § 504B.178, Security deposits
  10. Protecting Tenants at Foreclosure Act, note under 12 U.S.C. § 5220 (govinfo)
  11. 42 U.S.C. § 1437f, Section 8 voucher leases after foreclosure (govinfo)
  12. Minn. Stat. § 580.021, Foreclosure prevention counseling
  13. Minn. Stat. § 580.03, Notice of sale; service on occupant
  14. Minn. Stat. § 580.041, Foreclosure advice notice to owner
  15. Minn. Stat. § 580.07, Postponement
  16. Minn. Stat. § 580.10, Surplus
  17. Minn. Stat. § 580.23, Redemption by mortgagor
  18. Minn. Stat. § 580.30, Mortgages, when reinstated
  19. Minn. Stat. § 582.032, Five-week redemption period for abandoned property
  20. Minn. Stat. § 582.043, Loss mitigation; mortgage foreclosure dual tracking
  21. Minn. Stat. § 582.30, Deficiency judgments
  22. Minn. Stat. § 325N.03, Contract
  23. Minn. Stat. § 325N.04, Violations
  24. Minnesota Attorney General, Facing Mortgage Foreclosure
  25. Minnesota Judicial Branch, Foreclosures
  26. Minnesota Housing, Deadline to apply for HomeHelpMN is July 7
  27. Minn. Stat. § 580.24, Redemption by creditor
  28. Laws of Minnesota 2025, chapter 35, article 10 (Mortgage Foreclosure)