Barrett Henry is a Broker Associate at REMAX Collective with 23+ years of Florida real estate experience. He works with homeowners in all 67 Florida counties, including many who are simultaneously dealing with a delinquent first mortgage and mounting HOA or condo association arrears.
Falling behind on HOA or condo association assessments while already managing a mortgage delinquency compounds an already difficult situation. Florida HOAs have the right to foreclose -- and they do. But many homeowners do not know they can contact the HOA proactively and request a payment arrangement before a lawsuit is filed. This guide explains how HOA assessment liens work in Florida, what your rights are, and how to approach a payment plan request.
See our Florida foreclosure process guide and foreclosure checklist for the full picture of all liens and deadlines you need to track.
Florida HOA Assessment Liens: The Legal Framework
Two statutes govern assessment liens in Florida:
- F.S. §720.3085 governs homeowners associations (subdivisions, planned communities). It gives HOAs the right to lien and foreclose for unpaid assessments, fines, and associated costs.
- F.S. §718.116 governs condominium associations. It provides similar lien and foreclosure rights, plus a limited super-priority over first mortgages for up to 12 months of unpaid regular (not special) assessments.
Both statutes allow the HOA or condo association to:
- Record a claim of lien against your property for unpaid assessments
- Add interest (up to the rate specified in the governing documents)
- Add attorney fees and collection costs once the account is referred to counsel
- File a foreclosure lawsuit in circuit court if the lien is not satisfied
Under F.S. §720.3085(5), an HOA must deliver a written notice of the association's intent to record a claim of lien, giving the owner 30 days to pay the delinquency before the lien is recorded. This notice is a critical window for action.
HOA Foreclosure vs. First Mortgage Foreclosure
Many homeowners facing first mortgage foreclosure wonder whether the HOA can also foreclose at the same time -- and the answer is yes. The two foreclosure actions are entirely separate proceedings. The first mortgage lender files its case in circuit court. The HOA files its own separate case (or, if the first mortgage is already in foreclosure, it may intervene or file a separate action to protect its lien).
The intersection of the two liens matters when the property is sold:
- HOA lien (Chapter 720): Subordinate to a recorded first mortgage. If the first mortgage lender forecloses and sale proceeds do not cover the HOA amount, the HOA lien is extinguished. The HOA can still pursue you personally for the unsatisfied amount under certain circumstances.
- Condo association super-priority (F.S. §718.116): Up to 12 months of unpaid regular assessments (or 1% of the first mortgage, whichever is less) has priority over the first mortgage. A foreclosure buyer must pay this amount. This makes condo associations more aggressive about pursuing assessments because their limited super-priority survives even a first mortgage foreclosure.
See our guide on HOA foreclosure in Florida for a detailed explanation of how HOA liens interact with first mortgages.
Why Early Contact With the HOA Matters
The single most important thing you can do is contact your HOA or condo association before it refers the account to an attorney. Once a law firm is involved, the flexibility for informal arrangements decreases significantly and attorney fees begin accumulating.
The cost escalation timeline is stark:
- 30 days delinquent: HOA begins collection process. Total due: base assessment plus late fees (typically $25-$50/month).
- 60-90 days delinquent: HOA may send to attorney. Notice of intent to record lien delivered. Attorney fees begin accruing ($300-$500 for demand letter).
- 90-120 days delinquent: Claim of lien recorded. Additional recording and document fees ($100-$200). Total can reach $2,000-$3,000 above the original assessments.
- Beyond 120 days: Foreclosure complaint filed. Attorney fees for filing and prosecution add $2,000-$5,000 more. Costs can exceed original delinquency.
Contacting the HOA at day 30 or 45 costs you nothing and preserves the most options.
How to Request a Payment Plan From Your Florida HOA
HOAs are not required to offer payment plans, but a well-presented written request often succeeds. Follow these steps:
- Contact the HOA board or management company in writing. Do not rely on a verbal conversation. Email or certified mail creates a record. Address your request to the board president or property management company.
- Acknowledge the delinquent amount specifically. Show that you know exactly what is owed, including all fees through the date of your request.
- Explain your hardship briefly and factually. Job loss, medical expenses, divorce, hurricane damage, or another documented hardship lends credibility. Keep it to two or three sentences -- the board does not need your full financial history.
- Propose a specific payment schedule. Offer a down payment (ideally 20-30% of the delinquency) and monthly installments that pay off the remainder within 6 to 12 months, while also committing to pay future assessments on time going forward.
- Ask for a written agreement. Any approved plan must be documented in writing, signed by an authorized board member or officer, and specify consequences for default (typically the full balance becoming immediately due).
If the HOA is represented by an attorney, send your request to the attorney as well, and copy the board. Some attorneys are willing to pause collection activity while a payment plan is being negotiated.
If the HOA Has Already Filed a Foreclosure Lawsuit
Even after an HOA foreclosure complaint is filed, negotiation is still possible. The HOA or its attorney will often agree to a payment plan that dismisses or stays the case if the homeowner can demonstrate ability to pay. You must respond to the lawsuit within the deadline (20 days for personal service) -- do not ignore the summons while you negotiate.
If you are simultaneously dealing with a first mortgage foreclosure, contact a HUD-approved housing counselor who can help you prioritize and manage both situations. The first mortgage is typically the higher financial priority because losing it means losing the home entirely, but the HOA lien must also be addressed because continued accumulation of attorney fees makes eventual resolution more expensive.
Selling With HOA Arrears
If you decide to sell your home before foreclosure, the HOA arrears must be addressed at closing. The title company will require a payoff statement from the HOA, and the full amount owed (including attorney fees and costs) must be paid from the sale proceeds. If you are doing a short sale, the first mortgage servicer and any HOA lienholder both need to approve the transaction.
Some HOAs will negotiate a reduced payoff on arrears in the context of a short sale, particularly where there are no proceeds available to pay them in full. This negotiation typically happens as part of the short sale approval process and requires the HOA to agree to release its lien for less than the full amount owed.
Related Guides
- HOA Foreclosure in Florida
- Florida Foreclosure Process Overview
- Loan Modification in Florida
- Florida Short Sale Guide
- Sell Before Foreclosure in Florida
- How to Stop Foreclosure in Florida
- Florida Deficiency Judgments After Foreclosure
Dealing with HOA arrears on top of a mortgage delinquency? Get free help today -- no cost, no obligation. We connect Florida homeowners with foreclosure professionals and HUD-approved counselors in all 67 Florida counties.
