HOA Lien Foreclosure in Florida
An HOA lien (§720.3085) arises automatically for unpaid assessments, attaching to the property and including interest, late fees, and attorney costs. The association can foreclose through circuit court, similar to mortgage foreclosure.
Lien Features
- Arises automatically when assessments become delinquent
- Attaches to property (runs with the land)
- Subordinate to first mortgages and tax liens
- Includes assessments, interest, late fees, attorney fees
- Must be recorded (claim of lien filed)
Foreclosure Process
- 45-day notice of intent to record lien
- Record claim of lien in public records
- File foreclosure lawsuit in circuit court
- Final judgment and public auction sale
- Owner can cure default anytime before sale
Mortgage Priority
First mortgage generally takes priority. HOA has "safe harbor" for up to 12 months or 1% of original mortgage (§720.3085(2)(c)) surviving mortgage foreclosure.
Related Terms
- Encumbrance — Assessment lien
- Closing — Lien satisfaction at closing
- Equity — Equity after liens
Barnes Walker HOA Law
Barnes Walker's attorneys handle HOA lien foreclosure and assessment collection in Florida. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 702
Florida is a judicial foreclosure state. This chapter governs the foreclosure process, including notice requirements, sale procedures, and deficiency judgments.
Fla. Stat. Ch. 718
The Florida Condominium Act governs the creation, operation, and management of condominiums, including buyer rights, association powers, and assessment authority.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC