Florida Condo Associations Can Lien & Foreclose for Unpaid Fees
Strong Statutory Powers
Under Florida Statutes Chapter 718 (Condominium Act), associations have robust collection tools:
Lien Authority
- Automatic lien attaches at assessment due date (§718.116).
- Covers assessments, late fees (≤1.5%/mo), interest, costs, attorney fees.
- Priority: Superior to most liens except first mortgage (and tax liens).
Foreclosure Process
- Demand letter (30 days).
- Lien recording (claim of lien).
- Lawsuit (circuit court).
- Judgment → foreclosure sale (public auction).
- Certificate of title to buyer (association often buys).
Owner Protections
- Notice requirements strict (certified mail, posting).
- Right to cure before sale (pay full amount).
- Homestead exemption does not shield from condo lien foreclosure.
- Bankruptcy stays but doesn't extinguish lien (usually).
Practical Advice
- Pay on time – auto-pay.
- Communicate early if hardship – payment plans possible.
- Request ledger – verify charges.
- Attend meetings – vote on budgets.
Florida law favors associations. Ignoring fees risks losing your unit—even with a mortgage.