Collection actions by condominium and homeowners’ associations are subject to the statute of limitations of the state in which the community is located. Limitations periods for HOA claims vary from state to state, but, in general, are usually somewhere between two and six years.  

In North Carolina, for example, HOA enforcement actions must be filed within three years. N.C.G.S. §47F-3-116(c). Georgia and Florida extend the limitations period to four and five years, respectively. O.C.G.A. §44-3-232(c); Fla. Stat. §§720.3085(c), 95.11(2)(c).  

If an HOA does not file a civil complaint within the limitations period, the HOA no longer has the right to take legal action to enforce the lien. In general, a creditor or debt collector can still attempt to collect a “time-barred” (i.e., outside of the statute of limitations) debt. However, collection efforts are limited to letters and phone calls.  

If an HOA reports to the credit bureaus, an unpaid HOA debt can remain on a credit report for up to seven years.  See Federal Trade Commission publication, Time-Barred Debts (July 2013).

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