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HOA Dues are Personal Debts

Some owners believe that homeowners association dues are tied to the property. This is true in the sense that homeowners associations can place a lien on the property, but it can seek a judgment against the owner personally. Furthermore, a homeowners association lien is stronger than the Florida Constitution’s homestead protection, and therefore a homeowners association can foreclose on a property, even the primary home of a Florida resident.

Homeowners associations must foreclose within one year because the length of an assessment lien under Fla. Stat. Chap. 718 is one year. The association must also send two demand letters requesting payment within 30 days and two other demand letters requesting payment 45 days before a foreclosure action can be filed. If a homeowners association desires to pursue owners, or former owners, they must act quickly.

Homeowners associations can also seek a personal judgment, whereas a mortgage company or a bank has to foreclose on the property before they can seek a deficiency judgment against the owner or former owner.

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