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April 2016

If you fail to pay your homeowner association (HOA) or condo association (COA) assessments, the HOA or COA can foreclose on your condo or townhouse.

There are two statutes that govern association liens. Chapter 720 of the Florida Statutes governs HOA’s and Chapter 718 of the Florida Statutes covers COA’s. Once you fall behind in payments, the HOA or COA can file a lien on your property. Almost all HOAs and COAs have the power to place a lien on the property if the homeowner does not pay the assessments. In Florida, an HOA may not file its lien unless it provides the homeowner with a 45 day written demand for payment of all amounts due. A COA cannot file a lien until 30 days after a notice of intent to file a lien has been delivered to the owner.

The HOA or COA may include the following charges in the Lien:

  • Assessments: amounts of unpaid assessments in the lien.
  • Late charges:  The association may charge an administrative late fee if the declaration or bylaws provide for late fees.
  • Attorney’s fees and costs.
  • Interest

If you default on the assessments, the HOA or COA can foreclose on your home. An HOA or COA can foreclose even if you are current on your mortgage payments. The law in Florida on HOA/COA lien priority is complicated. If you have questions about how this will impact you and your HOA or COA property, consult with a Florida attorney specializing in foreclosures.

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