52Editions

HOA Delinquent Dues Letter

· Updated

Fill in the highlighted fields to create an HOA delinquent dues letter that tells a homeowner what they owe, by when they must pay and what happens if they do not. Click any field to type your details, then copy the finished letter.

[Date]

[Homeowner Name]
[Property Address]
Account number: [Account Number]

Re: Delinquent assessment notice

Dear [Homeowner Name],

Our records show your HOA account is past due. The balance as of [Statement Date] is:

Unpaid assessments: $[Unpaid Assessments]
Late fees: $[Late Fees]
Interest: $[Interest]
Collection or other charges: $[Other Charges]
Total due: $[Total Due]

Please pay the full balance by [Payment Deadline] by [Payment Methods]. If you cannot pay in full, contact [Contact Name] at [Phone or Email] by [Response Deadline] to set up a payment plan.

If the balance is not paid or an arrangement made by that date, the association may [Next Step, for example "refer the account for collection or record a lien in accordance with the governing documents and state law"]. If you believe the balance is wrong, please contact us promptly so we can review the account.

Sincerely,

[Sender Name]
[Sender Title]
[Name of Homeowners Association]

What a delinquent dues letter does

An HOA delinquent dues letter notifies a homeowner that their account is seriously past due and states the exact balance and the next step. It comes after reminder and late fee notices and before collection or lien action. It documents that the owner knew what was owed and had a chance to pay.

What to include

  • An itemized balance. Separate assessments, late fees, interest and other charges so the owner can check each line.
  • A statement date so the balance can be verified.
  • A payment deadline and methods.
  • An invitation to arrange a payment plan.
  • The next step, limited to what your documents and state law allow.
  • A way to dispute the balance.

Collections and liens

Rules on collecting assessments vary a great deal. Some states require specific notices before a lien, set what a notice must say, limit the fees that can be charged, or restrict foreclosure. Collection agencies may also be subject to debt collection laws. Review your governing documents and state law, and ask the association's attorney before starting formal action. The pre-lien letter covers the step that follows. How HOA liens and foreclosure work explains each later stage.

Before sending

  • Reconcile the ledger so the balance is right.
  • Confirm the earlier reminders were sent.
  • Use a delivery method you can prove.
  • Offer, and record, any payment plan.

Related letters

Owners who cannot pay can respond with a payment plan request or an HOA hardship letter. The full sequence is on the HOA dues letter page. Before this letter, the late fee letter normally goes out. Once an owner pays, the lien release letter confirms it, and an owner who disputes the balance can send an HOA dispute letter.

State rules to check before you send it

  • Florida. Before requiring payment of attorney fees on a past-due assessment, an association must send a notice of late assessment in the statutory form, giving 30 days. Payments are applied first to interest, then late fees, then collection costs and attorney fees, then the delinquent assessment. See the Florida notice of late assessment.
  • Texas. Payments are applied in the order set by section 209.0063: delinquent assessments first, then current assessments, then attorney's fees or third-party collection costs tied to assessments, then other attorney's fees, fines and other amounts. In a payment-plan default the order may differ, but a fine may not take priority. Many enforcement actions need the certified-mail notice in section 209.006. See the Texas violation notice.
  • Georgia. The lien can include a late charge not above the greater of $10 or 10 percent, and interest not above 10 percent per year, if the instrument provides. See the Georgia statement.
  • Colorado (C.R.S. 38-33.3-209.5). Before referring an account to a collector or attorney, the association must send a certified-mail notice with required contents, and the board must vote to refer in a recorded vote. See the Colorado notice of delinquency and the repayment plan request.
  • California. Late charges, interest and the payment plan meeting are governed by Civil Code sections 5650 and 5665. See the California payment plan request.
  • Colorado and California lien notices. Both have specific lien and foreclosure notices. See the Colorado notice of intent to foreclose and the California pre-lien notice.

Common questions

How late is delinquent?

The governing documents define it. Many associations treat an account as delinquent after the grace period and one or more missed notices.

Can the HOA add legal fees to the balance?

Only if the documents or state law allow it, and some states limit it. Check before listing them.

This page gives general information and sample wording. It is not legal advice, and requirements differ by state and by association.