All Laws Decoded

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 foreclosureYes. 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.

More Florida foreclosure & homeowner law

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.