What is the timeline for an HOA board collecting past-due dues?

By OurHOA · General information · Revised October 27, 2026

A board's timeline for collecting past-due HOA dues, from first reminder to lien, with the required notices in Texas, Florida, Colorado, and California.

Part of the HOA board handbook: treasurer and money.

Start from your collection policy

A board should not invent a collections process one delinquent account at a time. The steps, dates, and fees need to come from the governing documents and a written collection policy the board has adopted, applied the same way to every owner. Several states require the policy. Colorado, for example, requires associations to adopt one that meets its statute. What owners can ask to see in that policy is covered in our guide on what an HOA collection policy is. This guide is the board's view: the order of steps, the notices state law requires before each one, and the decisions the board has to make along the way. It is a general outline, not legal advice. The statutes below change often, so confirm the current text and talk to the association's attorney before you record a lien or start any legal action.

Days 1 to 60: reminders and the friendly phase

Most delinquencies are forgotten payments, a changed bank account, or a new owner who never received billing instructions. Treat the first two months accordingly. Send a courteous reminder shortly after the grace period in your documents ends, then a second statement at 30 days showing any late charge your documents allow. A phone call or email from the treasurer at this stage resolves a large share of accounts. Post every charge accurately and keep copies of what was sent and when, because every later notice depends on a clean ledger. California, for example, treats an assessment as delinquent 15 days after it is due, and Civil Code section 5650 caps late charges and interest. Your state may set different limits, and our guide on HOA late fee and interest caps covers those rules.

The formal delinquency notice

Before an account goes to an attorney or collection agency, or before third-party collection costs can be charged to the owner, many states require a specific written notice. In Texas, Property Code section 209.0064 says an owner is not liable for fees of a collection agent unless the association first sends a notice by certified mail that states the amounts owed, describes options to avoid collection costs including any available payment plan, and gives the owner at least 45 days to cure. In Florida, section 720.3085(3)(d) bars charging attorney fees on a past-due assessment until the association sends a notice of late assessment in the statutory form, giving the owner 30 days from the date of the letter to pay. It goes by first-class mail to the owner's address on file, and also to the parcel address if that is different. A sworn affidavit of mailing from a director, officer or agent creates a presumption that it was sent, so sign one for every batch. In Colorado, section 38-33.3-209.5 requires a notice of delinquency before referral to a collection agency or attorney, warning that failure to cure within 30 days may lead to collection, a lawsuit, or a lien, and stating whether a payment plan is available. Since HB24-1233 took effect in August 2024, that notice goes by certified mail plus at least two of a phone call, text, or email, and the referral itself needs a majority vote of the board recorded in the minutes. HB25-1043 added more as of October 1, 2025. The notice must name a person the owner can ask for a copy of the ledger, and the association has seven business days to send it. It must warn that a lien foreclosure and auction could cost the owner some or all of their equity, and it must point the owner to the free collections information at the state HOA Information and Resource Center and to HUD credit counseling. The association also has to ask owners periodically for a phone number, a cell number for texts and an email address, and if an owner has given none of those, regular mail counts as the second contact. Send the notice in any language the owner has asked for. A Colorado notice template written before October 2025 is out of date. Build each required notice as a template your attorney has reviewed.

Payment plans

Some states require the association to offer a payment plan before escalating. Texas section 209.0062 requires associations with more than 14 lots to adopt guidelines for alternative payment schedules with a minimum term of three months, with limited exceptions such as an owner who defaulted on a plan in the prior two years. Colorado section 38-33.3-316.3 requires a good-faith effort to set up a plan that lets the owner pay in equal installments over at least 18 months, and bars foreclosure while the owner complies with it. Missing three or more installments, or falling behind on new assessments during the plan, counts as a default, and section 316.3(4) applies any payment to assessments before fines and fees. In California, an owner who receives the pre-lien notice may request a meeting with the board to discuss a plan, and if the request is mailed within 15 days, the board must meet with them in executive session within 45 days under Civil Code section 5665. Record each plan in writing, track it monthly, and follow the documented steps if it is broken. Owners' side of this is covered in our guide on HOA payment plan rights.

Before a lien

Recording a lien is a significant step and most states require notice first. Florida section 720.3085(4) requires a notice of intent to record a claim of lien, sent by certified or registered mail and by first-class mail, giving the owner 45 days to pay. California Civil Code section 5660 requires a notice by certified mail at least 30 days before recording, itemizing the amounts owed and describing the owner's rights, and section 5673 requires the board itself to approve the decision to record by a majority vote in an open meeting, recorded in the minutes. A manager or attorney cannot make that decision alone. In Texas, section 209.0094 requires two delinquency notices before a lien is filed: the first by first-class mail or by email to an address the owner gave the association, the second by certified mail, return receipt requested, at least 30 days after the first. The lien cannot be filed until 90 days after the second notice. All four states impose further steps before foreclosure. Florida, for example, requires a separate 45-day notice of intent to foreclose. In Colorado, a lien on an owner-occupied home generally cannot be foreclosed until the association has a personal judgment against the owner under section 38-33.3-316(10.5), and since October 1, 2025, sections 316(10.3) and (10.8) require written notice of intent to foreclose, with credit counseling information, at least 30 days before filing. Owners' questions about pre-lien notices are covered in our guide on what a pre-lien or intent-to-lien notice is.

A sample board timeline

A workable sequence for many associations looks like this. Due date, then the grace period in your documents. Reminder at the end of the grace period. Late charge and second statement at 30 days. Treasurer contact by phone or email between 30 and 45 days. Formal statutory delinquency notice at 60 to 90 days, with the full cure period your state requires. Board review of the account at the next meeting after the cure period ends, with a vote on referral to the attorney. Attorney sends the pre-lien notice and waits the required period. Board votes on recording a lien where state law requires a vote. Treat this as a template to adapt. Your state's notice periods run from the date of mailing or receipt as the statute defines it, and stacking them correctly is exactly what the association's attorney should confirm.

Board practices that prevent mistakes

Apply the policy to every owner the same way, including board members and friends. Keep collection details out of open-meeting discussion beyond what the law requires, and refer to accounts by number rather than name where possible. Confirm the ledger is right before every notice, because an incorrect amount can invalidate a notice and restart the clock. Record each board decision in the minutes. Keep copies of every mailing and certified mail receipt. Accept partial payments and apply them as your state requires. When an account reaches the attorney stage, stop direct negotiation unless the attorney coordinates it. Review the policy each year with counsel, since collection statutes in Texas, Florida, and Colorado have all been amended in recent sessions. Colorado's last change took effect October 1, 2025.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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