Do condo and homeowner associations have to notify you before recording a lien against your property? 

To figure out how much power an association has to record claims of lien against individual units and parcels in a community, you need to look at their governing documents, like the declaration, and see what any applicable statute says. Liens can arise from a variety of circumstances including from special assessments, past due maintenance and fines in rare instances, but associations must notify the owner before recording a lien

Both the Condominium Act and the Homeowners’ Association Act mandate specific notices to be mailed to a delinquent owner of the association’s intention to record a lien before the association can do so.

Condo associations are required to adhere to the Condominium Act’s rule, which stipulates that they must provide a notice to the delinquent unit owner at least 45 days before recording a lien. This notice serves as a formal notification to the owner that the association intends to record a lien. It must be sent to the owner’s last known address with the association.

Furthermore, under Florida Statute 720.3085(4), homeowners’ associations are obligated to issue a mandatory pre-lien notice of intent to the delinquent owner before proceeding with a lien recording process that spans a period of 45 days after the deposit is made. The notice must be delivered to the last known address that is currently on record with the association.

If the association receives the money due, the association must satisfy its claim of lien by filing an instrument acknowledging the payment, and releasing the lien however this is not always possible for one reason or another. If the lien remains unpaid, the association may choose to file for foreclosure.

Volusia County foreclosure defense lawyer

Not understanding the tenets of your Homeowners’ Association (HOA) or Condo Association can have devastating consequences.  If you are facing  foreclosure of a lien,  you should take immediate action and contact a professional like Ormond Beach foreclosure defense lawyer Andrew . Pascale, Esq., Law Offices of Andrew J. Pascale, P.A. at 877-667-1211 to empower you and provide you with clear and concise legal advice.  Together, we can explore your options and ensure we protect your rights and interests.  This blog does not constitute legal advice and is for illustrative purposes only.