On what grounds/terms can an HOA/Condo Assoc foreclose on a property?

Asked by Zchry.jhn.jns, Mon Jul 1, 2013

Have any new laws been passed/approved that I'm not aware of regarding this matter?

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marc jablon,…, Agent, Boca Raton, FL
Mon Jul 1, 2013
This memorable rhyme answers that question:

If you don't pay fees when they are due / your HOA comes after you.

If you have a primary mortgage with a bank, then the HOA or condo association will have to buy out the bank in order to take title. However, even if you are paying the mortgage, but not paying your dues. the HOA or condo will have a lien against your property. You'll have to pay it before you sell.

If you have no mortgage and you haven't paid your dues, then nothing stands between the condo or HOA liening and eventually foreclosing.

If you dislike your HOA/condo association so much that you don't want to pay the fees, then sell your home. But don't mess around with your association. Pay the fees when they are due and say goodbye when you sell. Associations can be very tough customers when unpaid dues become an issue.

Marc Jablon, The Jablon Team
RE/MAX Complete Solutions

Marc Jablon, The Jablon Team
1 vote
Terry McCarl…, Agent, Cape Coral, FL
Tue May 20, 2014
If you don't keep your HOA fees current the association can place a lien on the property and pursue foreclosure. If you are behind on your HOA fees you should consult with a real estate attorney right away.
0 votes
Stefanie Coh…, Agent, Weston, FL
Tue May 20, 2014
HOA and Condo Associations are quite powerful. Nonpayment of dues and assessments can initiate a lien to be placed, and eventually foreclosure.

If this is the case, I recommend that you consult an attorney.

Best of luck,
Stefanie Cohen, PA, ABR, SFR
Berkshire Hathaway HomeServices Florida Realty
0 votes
Maria Sabio, Agent, Fort Lauderdale, FL
Tue Jul 2, 2013

Non payment for dues and special assessments are the most common. Also the new foreclosure law allows for it:


If you have any doubts about the HOA/Condo Association take a look at :


If you are currently dealing with a situation you should contact an attorney.

Thank you,
Maria Sabio
0 votes
Barbara East…, Agent, Pompano Beach, FL
Tue Jul 2, 2013
If you are delinquent on your Homeowner Association dues and have not paid any assessments that are due your HOA can put a lien on your property and possibly foreclose on your it. I would advise speaking to an Attorney if this questions pertains to a situation that involves you. Good luck.

Barbara Easton-Irvin
Atlantic Properties

0 votes
Annett T. Bl…, Agent, Fort Lauderdale, FL
Tue Jul 2, 2013
Good morning,

if you don't pay your HOA dues or special assessment than your HOA could foreclose on you. There are several other components what has to be look in to.

In a resent case a lender missed the time line to foreclose on a property and the HOA won the case and received the property.

Please consult an attorney since as a Realtor we can not give you legal advise.

Good luck to you,

Annett T. Block
Florida Connects Inc.
0 votes
Meir Aloni, Agent, Plantation, FL
Mon Jul 1, 2013
Non payment of HOA dues

With enthusiasm,

Meir Aloni & Team

CRS (Certified Residential Specialist)

CDPE (Certified Distressed Property Expert)

RECS (Real Estate Cyberspace Society)

Successfully selling Broward County since 1986
0 votes
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