Living in a homeowners association (HOA) community in Florida comes with responsibilities. These include following community rules and paying assessments on time. If payments are missed, the HOA has legal tools to collect what’s owed—including placing a lien on your property. Receiving a notice of lien from your HOA can feel intimidating, especially if you don’t fully understand what it means or how to respond.
Understand What the Lien Means
A lien is a legal claim against your property for unpaid debts. In the case of an HOA lien, it usually results from unpaid monthly assessments, special assessments, interest, late fees, or fines. Once the HOA records the lien with the county, it becomes a cloud on your title. That means you can’t sell or refinance the property without addressing it.
Florida law gives HOAs the right to file a lien under Chapter 720 of the Florida Statutes. They must provide proper notice and give you time to pay before moving forward with foreclosure. However, ignoring the lien can escalate the situation quickly, potentially putting your home at risk.
Read the Notice Carefully
The first thing to do is read the lien notice in full. Make sure you understand the amount owed, what it includes, and the deadline to respond or pay. Often, the notice will itemize the charges—such as missed assessments, legal fees, or administrative costs. Check the timeline given. Florida HOAs are required to give at least 45 days’ notice before filing a foreclosure action based on the lien.
Mistakes can happen, so check the details against your own payment records. If something doesn’t look right, don’t wait. Take action early to clarify any discrepancies.
Contact the HOA or Management Company
Once you’ve reviewed the notice, reach out to the HOA board or management company. It’s best to put your communication in writing, but also consider calling for a direct conversation. You may be able to resolve the issue quickly—especially if the lien was recorded in error or due to a simple misunderstanding.
If you are experiencing financial hardship, let them know. Some HOAs offer payment plans or may be willing to waive certain fees. Keep all documentation of your communications, including emails and payment records.
Do Not Ignore the Lien
Failing to take the notice seriously can lead to bigger problems. Under Florida law, the HOA can foreclose on your home to recover the debt, even if your mortgage is current. This is not just a warning—they have the legal authority to sell the property at auction if the lien remains unpaid.
Taking swift action helps preserve your options. It can also stop the accumulation of interest and legal fees, which grow the longer the lien remains unresolved.
Consult a Real Estate Attorney
If the situation is unclear or if the amount claimed seems inflated, consult an experienced Florida real estate attorney. An attorney can review the notice, assess whether the HOA followed proper procedures, and help you respond effectively.
Legal representation is especially important if the HOA is threatening foreclosure. In some cases, attorneys can negotiate a settlement, challenge improper charges, or help you file the necessary documents to contest the lien.
Explore All Payment Options
If the lien is valid and the charges are accurate, explore ways to pay the balance before further action is taken. This may involve:
- Paying the full amount immediately to remove the lien
- Negotiating a payment plan with the HOA
- Using available savings or financing to resolve the debt
In some situations, you may be able to dispute part of the debt while still paying the undisputed portion to limit legal exposure. Your attorney can help guide that process.
Know Your Rights and HOA Limitations
Florida law sets limits on what HOAs can do and how they must proceed. For example, an HOA cannot foreclose unless the homeowner is more than 90 days delinquent. They must also follow specific notice requirements and cannot add excessive or unauthorized fees.
In addition, some defenses may apply. If the HOA failed to provide required notices, misapplied payments, or charged improper fees, the lien may be invalid or unenforceable.
Take Steps to Prevent Future Issues
Once the lien is resolved, take proactive steps to avoid another one. Review your HOA’s governing documents to understand all financial obligations and penalties. Set up reminders for payments, and if your budget is tight, discuss options with the HOA before falling behind.
It’s also smart to stay involved in HOA meetings or elections. Understanding how your HOA operates—and having a voice in decisions—can help reduce conflicts down the line.
When Foreclosure Is Filed
If the HOA proceeds with foreclosure despite your efforts, act quickly. You’ll receive formal notice, and the court process will begin. At this point, legal guidance is essential. Florida law allows homeowners to contest HOA foreclosures, but deadlines are strict.
Don’t assume the court will protect your interests automatically. Whether you’re disputing the charges or simply need more time, an attorney can help you present your case and possibly stop the foreclosure.
Conclusion
Receiving a lien notice from your Florida HOA is a serious matter, but it doesn’t have to end in foreclosure. By acting early, communicating with your HOA, understanding your legal rights, and seeking legal guidance when needed, you can protect your property and resolve the issue before it escalates.
If you’re unsure where to start or need legal help at any stage, speaking with a Florida real estate lawyer can provide clarity and options for a way forward.