Attorney
Homeowners’ associations (HOAs) and condominium associations (COAs) are common across Florida, offering shared amenities, maintenance, and structure to residential communities. But when a homeowner falls behind on assessments or fees, the association has legal options to collect, including foreclosure. For both homeowners and board members, understanding the legal process behind HOA foreclosure is critical to protecting your rights and interests.
At Boatman Ricci, we help clients across Naples, Fort Myers, and Southwest Florida navigate the complexities of HOA and COA foreclosure law—whether you’re part of a governing board or a homeowner facing financial difficulty.
What Triggers HOA Foreclosure in Florida?
In Florida, a homeowners’ association or condominium association has the legal authority to file a lien—and ultimately foreclose—if a homeowner fails to pay assessments, fines, or fees as required by the community’s governing documents.
Under Florida Statutes Chapter 720 (for HOAs) and Chapter 718 (for condominiums), the most common reasons for a lien include:
- Unpaid regular assessments (monthly or quarterly dues)
- Unpaid special assessments
- Failure to pay late fees, interest, or fines for rule violations
However, before initiating foreclosure, associations must follow specific notice and procedural requirements.
Step-by-Step Overview of the HOA Foreclosure Process
Notice of Delinquency
Before a lien is placed, the association must send a Notice of Late Assessment or intent to lien to the homeowner. Under §720.3085(4), Florida Statutes, the notice must:
- Be sent by first-class mail or certified mail
- Provide the amount owed
- Give the homeowner at least 45 days to pay before a lien is recorded.
For condominiums, §718.121(4) requires a 30-day written notice before recording a lien.
Filing the Lien
If the homeowner fails to pay during the notice period, the association may record a lien against the property in the county’s official records. The lien secures the debt and serves as the legal basis for a foreclosure action if left unresolved.
Notice of Intent to Foreclose
Before filing for foreclosure, the association must send a Notice of Intent to Foreclose. Per §720.3085(5) (or §718.116(6)(b) for condos), this notice must:
- Be sent at least 45 days prior to filing a foreclosure lawsuit
- Inform the owner of the pending legal action
- Include the amount due and offer a final chance to pay
Filing a Foreclosure Lawsuit
If the account remains delinquent, the HOA or COA can file a foreclosure lawsuit in circuit court. Like a mortgage foreclosure, the court may issue a judgment and order the property sold at auction.
Homeowner Rights and Defenses
Florida law provides significant protections for homeowners during the foreclosure process. These include:
- Right to Cure: Homeowners can typically stop the foreclosure by paying the full amount owed before the final judgment is entered.
- Fair Notice Requirements: Failure by the association to follow proper notice procedures can invalidate a lien or foreclosure action.
- Dispute Resolution: Before litigation, some disputes may qualify for mandatory pre-suit mediation (especially in HOA cases under §720.311).
- Homestead Protections: While association liens can result in foreclosure, certain constitutional homestead protections may limit post-judgment actions or deficiency recoveries.
Recent Legal Updates and Considerations
2023 Legislative Changes
As of 2023, Florida has introduced some reforms intended to increase transparency and fairness in association governance:
- Electronic Notice Options: Associations may now provide electronic notice of assessments and late notices with the homeowner’s written consent.
- Enhanced Record-Keeping: HOAs and COAs are required to maintain more robust financial and assessment records, which can help clarify or resolve disputes.
Additionally, courts have increasingly scrutinized associations for improper fees, failure to credit payments, or violations of due process, underscoring the need for HOAs to follow the law strictly.
Tips for Homeowners Facing Foreclosure
If you’ve received a notice from your association:
- Act quickly: Time is of the essence—don’t ignore certified letters or notices.
- Request a full accounting: Ask the association for a detailed breakdown of the charges.
- Consult an attorney: You may have legal defenses or payment options available that can stop the process or reduce what you owe.
- Explore mediation: Some disputes can be resolved without litigation, saving both time and legal expenses.
Tips for HOA and COA Boards
To pursue collection actions legally and efficiently:
- Ensure strict compliance with notice deadlines and format requirements
- Maintain clear records of communications and assessments
- Use licensed professionals for mailings and legal services
- Work with experienced legal counsel to draft enforceable governing documents and collection policies
How Boatman Ricci Can Help
Whether you’re a homeowner facing foreclosure or an association trying to collect delinquent assessments, Boatman Ricci provides trusted guidance at every step of the process. We represent:
- Homeowners seeking to defend against improper foreclosure actions
- HOAs and COAs pursuing lawful collections under Chapters 718 and 720
- Boards of directors needing advice on governance, compliance, or mediation
With a deep understanding of Florida community association law, we help clients achieve effective and lasting resolutions.
Contact Us Today
Facing a dispute over HOA assessments or foreclosure in Florida? Let the experienced attorneys at Boatman Ricci protect your rights. Contact us today to schedule a confidential consultation today.