Legal Question in Real Estate Law in Florida

HOA filing claims of liens

Are homesteaded properties in Florida protected from HOA lien filings and foreclosure notices for failure to pay annual assessments? And, is it legal in FL to notify the mortgage companies of those property owners who will be receiving lien notices? Thanks.


Asked on 10/15/07, 2:07 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: HOA filing claims of liens

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No, homesteaded properties are subject to liens filed by a Homeowners Association. If not, the Associations would never be able to collect the fees they need to operate.

Not only is it legal for a Homeowners Association to notify the mortgage company, it may be required if a foreclosure is filed. Additionally, any other creditors should be served with copies of the action as well.

You need to pay your Homeowners Association fees in order to protect your investment in your residence or you may lose your home in foreclosure.

Scott R. Jay, Esq.

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Answered on 10/16/07, 12:09 am
Scott R. Jay Law Offices of Scott R. Jay

Re: HOA filing claims of liens

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No, homesteaded properties are subject to liens filed by a Homeowners Association. If not, the Associations would never be able to collect the fees they need to operate.

Not only is it legal for a Homeowners Association to notify the mortgage company, it may be required if a foreclosure is filed. Additionally, any other creditors should be served with copies of the action as well.

You need to pay your Homeowners Association fees in order to protect your investment in your residence or you may lose your home in foreclosure.

Scott R. Jay, Esq.

Read more
Answered on 10/16/07, 12:09 am
David Slater David P. Slater, Esq.

Re: HOA filing claims of liens

1. no

2. yes

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Answered on 10/15/07, 6:28 pm


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