South Florida has more homeowner and condominium associations than almost anywhere in the country, and monthly dues have climbed fast. Insurance premiums, reserve requirements and post-Surfside safety repairs have pushed many associations to raise fees and pass large special assessments. If you are behind on HOA or condo fees in Florida, it is important to understand that an association has real power to collect, including foreclosure. Here is how the process works and what you can do.
How an Association Lien Works in Florida
Florida law gives both homeowners’ associations (Chapter 720) and condominium associations (Chapter 718) a lien on your home for unpaid assessments, plus interest, late fees, collection costs and reasonable attorney fees. Those extra charges are why a few months of missed dues can double quickly once a collection attorney is involved.
The Collection Timeline: Two 45-Day Notices
- Late notices from the management company after a missed payment.
- Notice of intent to record a claim of lien: the association must give you 45 days to pay before recording a lien.
- Claim of lien recorded in the county public records.
- Notice of intent to foreclose: another 45-day notice before the association can file a foreclosure lawsuit.
- Foreclosure lawsuit, which follows the same court process as a mortgage foreclosure.
A recorded claim of lien generally expires one year after recording unless the association files suit to enforce it within that time.
Can an HOA or Condo Association Foreclose on Your Home?
Yes. Unlike most creditors, an association can foreclose its assessment lien even on a homestead, and it can do so even if your mortgage is current. Associations may also collect rent directly from your tenants if you rent out the unit and fall behind. The safest time to act is before the second 45-day notice.
Fines Are Different From Assessments
Fines for rule violations are treated differently from unpaid dues. For HOA homes, a fine of less than $1,000 generally cannot become a lien on the property. For condominiums, fines generally cannot become a lien at all. The association can still sue to collect a fine or suspend use rights, so do not ignore them.
Your Options If You Are Behind
- Ask for a payment plan before the account goes to the attorney; many boards prefer a plan to a lawsuit.
- Request a full ledger and check every charge, including legal fees.
- Ask about hardship options for large special assessments, such as installments.
- Sell the home. Past-due assessments, interest and fees are paid from the sale proceeds at closing.
Selling a Home With Past-Due HOA or Condo Fees
Every Florida sale of a home in an association requires an estoppel certificate, which states exactly what is owed. The title company pays that amount at closing, so you do not need to catch up first. The challenge is usually the buyer, not the debt: many lenders will not finance condos in buildings with heavy special assessments, pending milestone inspections or underfunded reserves. A cash buyer does not need lender approval of the building. See selling a condo with a special assessment for more.
Property Solution Services has bought homes and condos across Broward, Miami-Dade and Palm Beach since 2016, with more than 900 homes purchased. We buy as-is and can close in as little as 7 days, including in Hallandale Beach, Hollywood, Tamarac, Pembroke Pines and North Miami.
Why South Florida Association Fees Keep Rising
Many owners who fall behind are not careless; their costs simply jumped. Three forces are driving it:
- Insurance: master policies for condo buildings and HOA common areas have risen sharply across South Florida.
- Condo safety laws: milestone structural inspections and structural integrity reserve studies require older buildings to fund repairs and reserves they once deferred.
- Deferred maintenance: roofs, elevators, seawalls and parking garages in 1970s and 1980s buildings are reaching the end of their lives at the same time.
If your building has a large special assessment coming, get the details in writing, including the amount, the due dates and any installment option, before deciding whether to stay or sell.
A Quick Checklist Before You Fall Further Behind
- Get your account ledger and confirm the balance.
- Ask management, in writing, for a payment plan.
- Find out whether any special assessments are pending.
- Compare the cost of catching up with the equity you would keep by selling.
Frequently Asked Questions
Can an HOA foreclose on a lien in Florida?
Yes. Florida homeowner and condominium associations can foreclose their lien for unpaid assessments, even on a homestead, after giving the required 45-day notices.
Can an HOA put a lien on your house for violations in Florida?
For HOA homes, a fine of less than $1,000 generally cannot become a lien. Condominium fines generally cannot become a lien at all. Unpaid assessments, however, can.
How long does an HOA lien last in Florida?
A recorded claim of lien generally expires one year after recording unless the association files a lawsuit to enforce it within that time.
Do HOA liens survive a bank foreclosure in Florida?
A first mortgage foreclosure generally wipes out the association’s lien for older dues, but Florida limits how much the foreclosing lender must pay the association, and the association can still pursue the former owner personally.
Can I sell my condo if I am behind on association dues?
Yes. The estoppel certificate shows the amount owed, and it is paid from your sale proceeds at closing.
What happens if I can’t pay a condo special assessment?
The unpaid assessment becomes part of the association’s lien and can lead to foreclosure. Ask the board about installment options, or consider selling before collection costs pile up.
This article is general information, not legal advice. Association rights depend on your governing documents and Florida law, so speak with a Florida attorney about your situation.
Need to talk through your options? Call or text (954) 693-9333 or request a no-obligation cash offer. You can also browse answers for other situations on our sell your house fast in any situation page.