Written by the attorneys at Perez Mayoral, P.A., who represent homeowners and condo owners in Florida disputes against their associations.
If you’re struggling with unpaid assessments or dealing with aggressive collection actions by your condominium association, you might be wondering: Can a condo association put a lien on my unit? The short answer is yes, but Florida law imposes strict requirements that associations must follow.
Under Florida Statute § 718.116, condominium associations have the legal right to place a lien on units for unpaid assessments. However, unit owners have important rights and protections that can help them challenge improper liens and avoid foreclosure.
How Do Condo Liens Work In Florida?
Condominium associations rely on assessments (monthly dues and special assessments) to maintain the community. When owners fail to pay, the association has the legal authority to:
✅ Place a lien on the unit to secure unpaid assessments.
✅ Charge interest and late fees as allowed by Florida law.
✅ Foreclose on the lien, similar to a mortgage foreclosure.
✅ Collect rent directly from tenants if the owner is leasing the unit.
But associations must comply with strict legal requirements before taking these steps.
When Can A Condo Association File A Lien?
Florida law automatically grants an association a lien against a unit when assessments go unpaid, but the lien is not enforceable until the association follows proper procedures.
Legal Requirements For A Valid Lien
Per § 718.116(5)(a):
- The lien takes effect when the condo’s declaration of condominium is recorded.
- It covers all unpaid assessments, interest, and collection costs.
- It must be recorded in the public records of the county where the condo is located.
However, the association must first send proper notice to the owner.
Notice Requirements Before Filing A Lien
Under § 718.121(4), before filing a lien, the condo association must:
📌 Send a Notice of Intent to File a Lien at least 30 days before recording the lien.
📌 Mail the notice via certified mail and first-class mail to the owner’s last known address.
Failure to comply with this requirement invalidates the lien.
Can A Condo Association Foreclose On My Unit?
Yes. Once a lien is filed, the association can foreclose if the debt remains unpaid.
Under § 718.116(6)(a):
- Condo associations can foreclose on liens in the same manner as a mortgage foreclosure.
- They may also sue for a money judgment without waiving the lien.
- Owners can lose their unit if they don’t take action.
How To Stop A Foreclosure
✅ Pay the debt or negotiate a settlement.
✅ File a legal challenge if the association failed to follow the law.
✅ Consider a “Qualifying Offer” under § 718.116(6) to stop the foreclosure.
Can The Condo Association Take My Tenant’s Rent?
Yes. If the owner is delinquent, § 718.116(11) allows the association to:
💰 Demand that tenants pay rent directly to the association instead of the landlord.
💰 Apply the rental payments to past-due assessments.
💰 Evict the tenant if they fail to comply.
This is a powerful collection tool, and many unit owners are caught off guard when their association intercepts rent payments.
What Are My Rights If The Condo Association Files A Lien?
If your condo association has filed a lien or threatened foreclosure, you have legal options.
🔹 Check for errors – Did they follow proper notice procedures?
🔹 Request verification – Demand a breakdown of the debt.
🔹 Dispute improper charges – Associations cannot add unauthorized fees.
🔹 Challenge the lien – You can contest the lien if it is defective or invalid.
Final Thoughts: Protecting Your Property Rights
A condo association can put a lien on your unit, but they must strictly follow Florida law. If you’re facing a lien or foreclosure threat, don’t wait—legal action may be necessary to protect your home.
Need Help Fighting An HOA Or Condo Association Lien?
The attorneys at Perez Mayoral, P.A. represent homeowners and condo owners across Florida in disputes with their associations.
📞 Call us at 1-800-777-1305 to chat with a Orlando, FL HOA lawyer and to schedule a consultation.
