Can the Homeowner's Association Foreclose on My Home?

A few weeks ago, I had the pleasure of attending an event called “Law in the Mall” that takes place annually during law week. It is a wonderful community opportunity where Lee County attorneys offer free advice to individuals on various topics of law.

The most commonly asked question I received from individuals was whether nonpayment of Home Owner Association (HOA) fees could potentially lead to the foreclosure of their homes. Simply put, the answer is, yes.

According to Chapter 720 of the Florida Statutes, an HOA can place a lien on your property for all unpaid assessments and fees, no matter how minimal the amount. Failure to pay such fees allows the HOA to foreclose on the lien and therefore foreclose on the property. Homeowners are so concerned with staying current on their mortgages than they often times overlook the importance of paying their HOA dues every month.

Please be aware that failure to pay HOA fees can have dire consequences. Just take a look at the following article where an HOA foreclosed on a soldier’s home for failure to pay $800 in fees and in turn auctioned his $300,000 home for $3,500. Homeowners’ Association Foreclosed on Soldier’s Home For Failure to Pay $800 in Fee — Selling the $300,000 Home for $3500