When dealing with homeowners association disputes in Florida, understanding the statute of limitations for HOA liens is essential for protecting your property rights.
What Is an HOA Lien in Florida?
An HOA lien is a legal claim that homeowners associations place on properties for unpaid assessments, dues, or fines. These liens serve as security for debts owed to the association.
⚖️ Florida Statutes Chapter 720 governs HOA liens and establishes specific procedural requirements associations must follow. When you receive a lien notice, it puts future buyers and lenders on notice of outstanding debt attached to your property.
Florida’s Statute of Limitations for HOA Liens
The statute of limitations to foreclose an HOA lien in Florida is five years from when the lien is recorded. This comes from Florida Statute §95.11(2)(c), which governs mortgage foreclosures and applies to HOA liens under §720.3085(c).
🏠 This differs from condominium liens, which have only one year under §718.116(5)(b). The longer timeframe gives HOA more opportunity to collect through foreclosure.
| Lien Type | Statute of Limitations | Florida Statute |
|---|---|---|
| HOA Liens | 5 Years | §720.3085(c) & §95.11(2)(c) |
| Condominium Liens | 1 Year | §718.116(5)(b) |
| Mortgage Liens | 5 Years | §95.11(2)(c) |
How Long Does an HOA Lien Last in Florida?
An HOA lien remains on your property’s title until paid or legally removed. Unlike the foreclosure limitation, there’s no automatic expiration under Chapter 720.
Even after five years, the lien clouds your title. You may need to resolve the debt to sell or refinance, even though the HOA cannot foreclose.
📱 Interest and fees may continue accruing, depending on your HOA’s governing documents. Many liens include language allowing recovery of additional costs that accumulate after recording.
Can a Florida HOA Foreclose After the Statute Expires?
Once five years expire, an HOA cannot file new foreclosure actions based on that lien. However, if they filed within the five-year period, they may continue pursuing that case.
🚨 Payments during the five-year period could reset the statute of limitations. Courts apply payments to interest and fees first, then oldest assessments. Even small payments can complicate your defense.
Educational resources from University of Florida, Florida State University, and Miami-Dade College provide legal research databases for residents understanding these complex timing issues.
What Should Homeowners Do if They Receive an HOA Lien Notice?
When you receive an HOA lien notice, immediate action is critical. Review the notice for accuracy and verify proper procedures were followed. Florida requires 45 days’ notice before filing liens.
🏛️ Contact the Broward County Clerk of Courts or Florida Courts system to verify proper lien recording. County clerks maintain these public records.
Gather all relevant documents including HOA governing documents, payment records, and correspondence. Then consult with experienced legal counsel promptly, as the stakes are high when your home is at risk.
If you’ve received an HOA lien, contact our Florida attorneys for guidance on protecting your property rights and exploring your legal options.
Protecting Your Rights Against HOA Overreach
Understanding your rights under Florida law is essential when dealing with HOA liens. Associations must follow strict procedures, and violations can invalidate liens.
📋 The Florida Department of Business and Professional Regulation maintains real estate law resources. Local legal aid organizations throughout Florida’s 67 counties provide assistance to qualifying residents.
Don’t wait until foreclosure proceedings begin. If you’re facing an HOA lien, speak to our experienced Miami HOA lawyer today.
Contact our experienced Florida HOA attorneys at (305) 446-2070 for a consultation about your specific situation. We only represent homeowners and fight aggressively to protect your rights against unfair association practices.
Frequently Asked Questions
How long does an HOA have to collect unpaid dues in Florida?
There is no specific time limit for an HOA to collect unpaid dues as a debt. However, they have only five years from recording a lien to file a foreclosure action. After this period, they lose the right to force a sale of your property but may still pursue the debt through other collection methods.
Does an HOA lien expire after five years in Florida?
The lien itself does not automatically expire after five years. Only the HOA’s right to foreclose on the lien expires after five years under Florida Statute §95.11(2)(c). The lien remains on your property’s title until paid or legally removed.
Can you fight an HOA lien in Florida?
Yes, homeowners can contest HOA liens in Florida courts. Common defenses include improper notice, procedural violations, disputes about the amount owed, or challenges to the association’s authority to file the lien. You must act quickly, as some defenses have short time limits.
Can a Florida HOA foreclose on your home?
Yes, Florida HOAs can foreclose on your home for unpaid assessments, but they must follow strict procedural requirements. The association must provide proper notice, record a valid lien, and file a foreclosure lawsuit within five years. Can HOAs change rules in Florida? provides additional information about HOA powers and limitations.
What is the statute of limitations for property liens in Florida?
The statute of limitations varies by lien type. HOA liens have a five-year foreclosure limitation, condominium liens have one year, and mortgage liens have five years. Other types of liens may have different time limits under Florida law.
This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed Florida attorney.