If you own property in a homeowners association (HOA) community in Florida, you may already know how powerful these associations can be. One of the strongest tools at their disposal is the ability to place a lien on your home for unpaid assessments, fines, or fees. If left unresolved, that lien could lead to foreclosure. But what many homeowners don’t realize is that HOA liens can be challenged—and sometimes successfully removed.
What Gives an HOA the Right to File a Lien?
Under Florida law, specifically the Homeowners’ Association Act (Chapter 720 of the Florida Statutes), an HOA has the authority to file a lien on a property when the homeowner falls behind on assessments or other financial obligations outlined in the association’s governing documents.
Before a lien is filed, the HOA must give the homeowner proper notice. In most cases, the homeowner must be at least 45 days delinquent before the HOA can record a lien. Then, they must send a written notice of intent to file the lien, giving the owner an additional 45 days to pay before the lien is officially recorded.
HOA liens can cover unpaid assessments, late fees, interest, attorney’s fees, and collection costs. Once the lien is recorded, it attaches to your property and can lead to foreclosure if not resolved.
Common Reasons for Disputing an HOA Lien
Not every lien is valid. There are several grounds under which a homeowner may challenge an HOA lien in Florida:
- Improper notice: If the HOA didn’t follow the required notice timeline or procedures, the lien may be invalid.
- Incorrect amounts: Sometimes, the amount claimed by the HOA includes charges that are not authorized by law or the association’s governing documents.
- Disputes over charges: You may believe that the charges themselves are invalid—for instance, if a fine was improperly levied or a maintenance fee was applied unfairly.
- HOA overreach: In some cases, the HOA acts outside of its legal authority, either by enforcing rules inconsistently or violating its own bylaws.
Any of these situations could be a valid reason to contest the lien.
First Steps to Take If You Receive an HOA Lien Notice
The moment you receive a notice of intent to lien, do not ignore it. Acting quickly is essential to protect your property and your rights. Here’s what you should do right away:
- Review all documents: Look closely at the lien notice, your HOA’s declaration (also known as CC&Rs—Covenants, Conditions & Restrictions), and the Florida statutes. Compare the charges listed in the notice to those outlined in your HOA agreement.
- Request a detailed accounting: You are entitled to ask the HOA for a breakdown of the charges. This can help clarify what you’re being charged for and whether those charges are accurate.
- Document everything: Keep copies of all correspondence, payment records, notices, and emails. If you ever need to present your case, this documentation will be key.
- Consult a real estate attorney: HOA law is complicated, and you may benefit from a professional’s help—especially if you’re dealing with a potential foreclosure threat.
Legal Strategies to Challenge an HOA Lien
If your review suggests the lien is invalid or overstated, there are several legal approaches your attorney might take.
- Demand a release of lien: If you can prove the charges are inaccurate or the HOA didn’t follow legal procedures, your attorney may demand that the lien be withdrawn.
- File a lawsuit for declaratory relief: In some cases, a homeowner can file a suit asking the court to declare the lien invalid.
- Challenge the lien in foreclosure: If the HOA initiates foreclosure, you can raise defenses in court, including improper notice, excessive fees, or violation of governing documents.
- Negotiate a settlement: Sometimes, the simplest route is negotiating a reduced payment in exchange for lien release. This may be especially useful if you don’t dispute the entire balance but question some of the fees.
Preventing Future Issues With Your HOA
Fighting a lien is stressful, time-consuming, and potentially costly. Once the issue is resolved, take steps to reduce the chances of facing similar problems in the future:
- Attend HOA meetings: Stay informed about policy changes, budgets, and rule enforcement.
- Keep your dues current: Set reminders or use autopay if available. Even one missed payment can start the clock toward a lien.
- Challenge fines or disputes early: If you receive a violation notice or fine that you disagree with, respond promptly. Waiting too long can make it harder to contest the charge later.
- Review your HOA’s documents annually: Rules and policies may change over time. Staying familiar with them helps prevent unexpected violations.
When to Get Legal Help
If you’re facing a lien that you believe is unfair or inaccurate, getting legal help isn’t just smart—it might be essential. Florida courts have upheld HOA powers in many cases, but they’ve also sided with homeowners when associations have overstepped.
A real estate attorney can help you navigate the law, negotiate with the HOA, and take legal action when necessary. Whether the goal is to resolve the lien, prevent foreclosure, or clarify your rights, professional legal guidance can make all the difference.
Conclusion
HOA liens in Florida can feel like an uphill battle, but homeowners do have options. If you’re unsure about where to start or how to respond, reach out to a real estate attorney. Legal professionals familiar with HOA disputes can analyze your case, explain your rights, and guide you through the next steps. In many cases, legal intervention not only helps resolve the lien but also prevents further conflicts with your association