Florida Condo and HOA Collections, Claim of Lien and Foreclosure Process – A complete Guide

Can my condominium association or homeowners’ association file a lien against my unit or parcel? If so, can they also foreclose on that claim of lien?  

The answer to both questions is “yes.” In Florida, community associations, which include condominium associations and homeowners’ associations, have the right to record a claim of lien and foreclose on that claim of lien for unpaid assessments and related charges owed to the association.  This process is governed by Florida Statutes, particularly Chapter 718 for condominium associations and Chapter 720 for homeowners’ associations.  The following is a step-by-step overview of the process:

Florida Condo and HOA Access to Units and Parcels

Condominium Associations:  Does your condominium association have the right to access your unit?  The short answer is “yes,” but only in limited circumstances.  In Florida, condominium associations generally have the right to access individual units for purposes of maintaining, repairing, or replacing the common elements or portions of the units which the association is obligated to repair, maintain or replace under the governing documents. Section 718.111(5)(a) of the Florida Condominium Act states, “[t]he association has the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit.”

Understanding Responsibility for Water Leak Damage in Florida Condominiums

There are several factors to consider when determining responsibility for water leak damage in a Florida condominium.  These factors include: the condominium’s governing documents; the Florida Condominium Act; and the nature and source of the water damage.  Understanding these factors is crucial because they have significant implications for financial and legal responsibilities.  Please note this article is intended to address water leaks and does not address maintenance and repair obligations from a flood event.