HOA Liens and Foreclosure in Florida
Whether a homeowners or condo association can foreclose on its lien for unpaid dues in Florida, and the limits.
Short answer: Yes. A homeowners' association may foreclose its lien for unpaid assessments in court the same way a mortgage is foreclosed, and may also sue for a money judgment. Fla. Stat. §§ 720.3085, 718.116
| HOA liens and foreclosure | Yes. A homeowners' association may foreclose its lien for unpaid assessments in court the same way a mortgage is foreclosed, and may also sue for a money judgment. Before recording a lien, the association must send a Notice of Intent to Record a Claim of Lien giving the owner 45 days to pay. It may not file a foreclosure until 45 days after a separate notice of intent to foreclose, which cannot be sent until the first 45-day period has passed. Condominium associations have a similar assessment lien under the Condominium Act. Source: Fla. Stat. §§ 720.3085, 718.116 |
|---|
More Florida foreclosure & homeowner law
- How Foreclosure Works in Florida
- Redemption and Deficiency Judgments in Florida
- Getting Your Home Back After a Tax Sale in Florida
- All Florida foreclosure & homeowner law rules
FAQ
Can an HOA foreclose on your home in Florida?
Yes. A homeowners' association may foreclose its lien for unpaid assessments in court the same way a mortgage is foreclosed, and may also sue for a money judgment. Before recording a lien, the association must send a Notice of Intent to Record a Claim of Lien giving the owner 45 days to pay. It may not file a foreclosure until 45 days after a separate notice of intent to foreclose, which cannot be sent until the first 45-day period has passed. Condominium associations have a similar assessment lien under the Condominium Act.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.