A lien placed by your homeowners association can put your property at risk. The Gaines Firm is here to help Florida property owners challenge or resolve HoA liens with the guidance of a knowledgeable HoA liens lawyer. We’ll review your situation and fight to protect your interests. Contact us at (561) 366-2713 today to schedule your free consultation.
Steps to Take if Your Florida HOA Files a Lien Against Your Home
Living in a community governed by a homeowners’ association (HOA) can come with advantages, including maintained common areas, security, and property value protections. However, it also brings obligations. One of the most serious issues homeowners can face in Florida HOA communities is a lien being placed on their property. This situation often arises when a homeowner falls behind on dues, violates certain rules, or disputes assessments. If your HOA has filed a lien against your property, it’s important to understand what that means and how to respond effectively.
Understanding how HOA liens work in Florida
An HOA lien is a legal claim the homeowners’ association places on your property due to unpaid assessments, late fees, or other related charges. Under Florida law, HOAs have the authority to file liens if homeowners fail to meet their financial obligations. These liens can eventually lead to foreclosure, even if the debt is relatively small.
The process typically begins when you fall behind on your assessments. After giving proper notice and following certain statutory requirements, the HOA can record a lien with the county. This filing becomes a public record and effectively encumbers your property. That means you cannot sell or refinance your home until the lien is resolved.
In Florida, HOAs must notify the homeowner in writing of the intent to file a lien at least 45 days before recording it. If no payment or resolution is reached during that time, the lien can be officially filed and enforced under Florida Statutes Chapter 720.
How an HOA lien can impact your property
Once recorded, a lien attaches to your property—not just to you as the owner. This can create a number of problems. You may find it difficult to sell the property, as buyers and lenders typically require that all liens be cleared before closing. You might also be denied refinancing options, since lenders consider liens a risk.
If the debt remains unpaid, the HOA can move forward with a foreclosure. This is different from a mortgage foreclosure, but the end result is similar. You could lose ownership of your home even if you’re current on your mortgage. In some cases, the home is auctioned off, and the proceeds are used to satisfy the lien.
Beyond the financial effects, a lien can also damage your credit if the HOA’s collection efforts involve reporting to credit bureaus or if the matter ends up in court.
What to do after receiving a lien notice
If you’ve received notice that your HOA intends to file or has filed a lien, take the situation seriously. Ignoring the problem won’t make it go away. The earlier you act, the better your chances of resolving the issue without further damage.
Start by reviewing the notice carefully. Check the amount the HOA claims you owe, the dates involved, and the nature of the charges. If the lien is based on fines or penalties, make sure those were properly assessed and that you received required notice under the community’s governing documents.
You should also request a full accounting from the HOA. In Florida, you have the right to review association records and obtain documentation of the charges. Mistakes can happen, and it’s possible the HOA misapplied payments or added incorrect fees.
If you believe the lien is valid, consider paying the balance as soon as possible. This can stop the situation from escalating into foreclosure. In many cases, the HOA may agree to a payment plan or waive late fees if you communicate early.
Disputing the lien when you believe it’s improper
Not all liens are accurate or lawful. If you believe the charges are inflated, based on unreasonable rules, or were not handled according to the HOA’s procedures, you have the right to challenge them. Disputes often arise over fines, special assessments, or violations that the homeowner contests.
In Florida, you can challenge a lien by filing a lawsuit or seeking mediation under the HOA dispute resolution process. Mediation may be a quicker and less costly way to resolve the matter without going to court. If the issue involves a violation of the HOA’s rules or improper lien filing, a real estate attorney can help you determine whether the association acted within its legal authority.
Be aware that disputing a lien does not automatically pause collection efforts. If a foreclosure is already in motion, acting quickly is essential to preserve your options.
Resolving the lien and protecting your property
There are several ways to resolve a lien depending on the circumstances:
- Pay the full amount: This is the most direct option. Upon payment, the HOA is required to release the lien.
- Negotiate a settlement: If you cannot pay in full, the HOA may agree to accept a lower amount or offer a payment plan.
- File a dispute: If you believe the lien is invalid, you can file a legal challenge or seek mediation.
- Use escrow: In some situations, you may deposit the disputed amount into a court registry while the case is resolved, which can delay foreclosure actions.
Once the debt is satisfied, make sure the HOA files a release of lien with the county recorder’s office. Keep a copy for your records to show that the lien has been cleared.
Preventing Future Issues
To avoid future liens, try to stay up to date on all assessments and fees. If financial hardship arises, contact your HOA early and ask about possible accommodations. Some associations offer hardship payment plans or temporary waivers.
Also, familiarize yourself with your community’s governing documents. Understanding the rules, fines, and collection process can help you avoid unexpected penalties. Attending HOA meetings and staying involved in the community may also improve communication and reduce the risk of misunderstandings.
If your HOA frequently files liens without proper cause or transparency, consider running for a board position or encouraging reform within the association.
When to involve a real estate attorney
An HOA lien can have serious financial and legal consequences. If you are facing a lien or foreclosure threat, a Florida real estate attorney can help you understand your rights, evaluate the validity of the lien, and represent you in negotiations or legal proceedings.
An attorney can also review the HOA’s documents and collection practices to determine whether they followed Florida law. If the HOA acted improperly, you may have grounds to challenge the lien and recover legal fees.
Protect Your Property with a HoA Liens Attorney
A lien from your homeowners association can jeopardize your property and financial stability. As your HoA liens attorney, The Gaines Firm will help you challenge or resolve these legal claims and protect your investment. Reach out to our Florida office today at (561) 366-2713 to schedule a free consultation and take control of your situation.