Yes, an Oregon association can lien and foreclose on your home over unpaid assessments, even if your mortgage is current. Under ORS § 94.709(2) (HOA) and § 100.450(2) (condo), recording the declaration itself constitutes record notice and perfects the association's lien for assessments — no separate filing is required to perfect it. But before the association can actually sue to foreclose, it must record a notice of claim of lien in the county's deed records, verified by oath, stating the amount due, the owner's name, the association's name, and a description of the lot or unit. That recorded notice is also what lets subsequent unpaid assessments keep accumulating against the same lien without a new filing every time you miss a payment.
The lien is powerful but not unlimited. It's prior to your homestead exemption and to every other lien or encumbrance on the property except tax and assessment liens and a first mortgage or trust deed of record (condos have a narrow carve-out letting a small nonresidential condominium's declaration subordinate a first mortgage instead). And it can be 'continued in force' for up to six years from the date the assessment became due — foreclosure proceedings otherwise follow the same path as any other lien foreclosure under ORS § 87.010.
Rent during foreclosure, and the condo-only paperwork gate
If either the association or a mortgage holder forecloses, § 100.460 lets the bylaws require you to pay a reasonable rental for your unit while the case is pending, with a receiver appointed to collect it — and lets the board itself bid at the foreclosure sale and later hold, lease, or sell what it acquires. Separately, § 94.712 makes an owner personally liable for assessments and makes a buyer jointly liable with the seller for unpaid assessments at the time of a sale — unless the buyer got a written statement of unpaid assessments from the board first, which protects the buyer for anything not listed on it. That written-statement right is worth using whether you're buying or selling.
Here's a real, Oregon-specific limit worth knowing if you own a condo: ORS § 100.450(4) bars an association from maintaining a foreclosure suit, or recovering a money judgment for unpaid assessments, unless its own Condominium Information Report and Annual Report (required under § 100.250) are designated current. A board that hasn't kept its own state filings in order has a procedural problem before it can come after your unit — that specific gate does not appear in the Planned Community Act for HOA lot foreclosures.
The authority
The statutes behind this
Cited by name as authority, for your own reading. Informational only, not legal advice.
ORS § 94.709
Establishes the HOA's lien for unpaid assessments, its priority ahead of the homestead exemption and most other liens, its six-year duration, and the notice-of-claim-of-lien recording requirement before foreclosure can proceed.
ORS § 100.450
The condo parallel lien statute, including the requirement that the association's Condominium Information Report and Annual Report be current before it can foreclose or recover a money judgment.
ORS § 100.460
Lets a foreclosing party collect reasonable rental during the suit through a receiver, and lets the board bid at, and later hold or convey, the foreclosed unit.
ORS § 94.712
Makes an owner personally liable for assessments, makes a buyer jointly liable for a seller's unpaid balance, and protects a buyer who obtained a written statement of unpaid assessments before closing.
Step by step
How to respond to an Oregon HOA or condo lien notice
Steps to take when you learn an Oregon association has recorded, or intends to record, a notice of claim of lien over unpaid assessments.
- 01
Check the county deed records for a recorded notice of claim of lien
The declaration alone perfects the lien for ordinary unpaid assessments, but the association can't sue to foreclose until it records a verified notice of claim of lien. Confirm whether that notice actually exists and what it claims is owed.
- 02
Get an itemized ledger
Request a written breakdown separating true assessments from fines, late fees, interest, and attorney fees. Remember that fines can be swept into the lien as enforceable assessments (§ 94.709(5)), so don't assume the whole balance is 'real' dues.
- 03
Check priority and the six-year clock
Confirm your first mortgage or trust deed was recorded before the association's lien — it generally still outranks the lien. Also check how long the lien has been in force; it can't run more than six years from when the assessment became due.
- 04
Condo owners: ask if the association's own paperwork is current
Request confirmation that the association's Condominium Information Report and Annual Report under ORS § 100.250 are designated current. If they're not, § 100.450(4) bars the association from maintaining a foreclosure suit or money judgment.
- 05
Get the written statement before you sell, or get counsel before a sale is set
If you're selling, get the board's written statement of unpaid assessments under § 94.712(2)(b) so a buyer (or you) isn't blindsided by joint liability. If a foreclosure sale date is already set, consult a licensed Oregon attorney while the notice period is still open.
Straight answers
Common questions
Can an Oregon HOA or condo association foreclose on my home over unpaid dues?
Yes. ORS § 94.709 (HOA) and § 100.450 (condo) give the association a lien for unpaid assessments — perfected automatically when the declaration is recorded — and allow foreclosure once a notice of claim of lien is recorded and the suit proceeds like any other lien foreclosure.
Does the association's lien outrank my mortgage?
Generally not your first mortgage or trust deed, if it was already of record. The lien does outrank your homestead exemption and virtually every other lien or encumbrance except tax and assessment liens and that first mortgage.
How long can the lien stay in force?
Up to six years from the date the assessment became due, under § 94.709(4)(a) and § 100.450(4)(a). Subsequent unpaid assessments accumulating under a recorded notice are each treated as levied when they individually became due.
I own a condo and think the association's own paperwork is out of date — does that matter?
It can matter a great deal. ORS § 100.450(4) bars a condo association from maintaining a foreclosure suit or recovering a money judgment for unpaid assessments unless its Condominium Information Report and Annual Report are designated current under § 100.250.