Can a Florida HOA Foreclose on a Home For Unpaid Fees?

 Posted on March 12, 2026 in Real Estate

Many Florida homeowners live in homes that have oversight by homeowner associations, commonly called HOAs. These organizations create and enforce rules that all residents are required to follow. They oversee the maintenance and repair of all common areas of the community. 

Expenses for HOA services are paid through fees that residents are required to pay. Under Florida law, if a resident fails or refuses to pay these fees, the HOA has the power to foreclose on the resident's property. This is true even if they are current on their mortgage or own their home outright.

As ridiculous as it may sound, losing your home over unpaid assessments is a real possibility in Florida. Many homeowners do not realize how far the law allows an HOA to go. If your HOA is pursuing you aggressively for unpaid fees, you have the right to know your options and fight back. Our Broward County residential real estate attorney can help. 

What Is an HOA and What Power Does It Have?

HOAs are very common in communities where there are common areas shared by all residents. These include: 

• Condominium complexes

• Gated subdivisions

• Mobile home communities

• Retirement communities  

When someone buys a home, they are required to become a member of the HOA and follow all the rules. These rules are decided on by a board of directors. Directors are residents who are elected by other residents. 

In addition to setting the rules, the board can also penalize residents who don’t follow them. These penalties can include fines, restriction of privileges, or even lawsuits. Members are also required to pay fees, either monthly or yearly. These fees are meant to share the expense of maintaining the community, as well as handling any repairs to public areas. 

Many millions of Americans live in HOA communities, with all the benefits and frustrations they entail. With that many people subject to HOA authority, disputes over fees and assessments are common. The consequences of ignoring them can be more serious than most people expect.

Can a Florida HOA Really Foreclose On Your Home Over Unpaid Fees?

This surprises many homeowners, but foreclosing on a home because of an unresolved HOA dispute is completely legal under Florida law. Florida Statute § 720.3085 gives HOAs the legal authority to put a lien on your property when you fall behind on fees. That lien can then be used as the basis for a foreclosure action. This is totally separate from any action taken by your mortgage lender.

This means that even if you have never missed a single mortgage payment, or even if you own your home free and clear with no mortgage at all, an HOA can still pursue foreclosure over an unpaid assessment. The amount does not have to be large. Florida courts have seen HOA foreclosures initiated over relatively small balances when they were left unresolved long enough.

What Steps Must a Florida HOA Take Before It Can Foreclose?

If an HOA member doesn’t pay their fees, the board is allowed to pursue legal action, including foreclosing on the member's property. However, there is a specific process the board must follow before taking the drastic step of petitioning for foreclosure. Florida law does not allow an HOA to skip straight to a foreclosure filing.

Step One: Notice of Late Assessment

The first thing the board must do is send the member a Notice of Late Assessment. This notice states that the member has 30 days to pay the amount they owe, which is referred to as an assessment. Importantly, this amount due cannot include the HOA's attorney fees at this stage.

Step Two: Notice of Intent to Record a Claim of Lien

After the 30 days have passed, if the assessment still has not been paid, the HOA must then send the member a Notice of Intent to Record a Claim of Lien. This notice must be sent at least 45 days before the HOA can actually file the lien against the member's property.

Step Three: Recording the Lien and Beginning Foreclosure

Once the HOA records the lien, it has one year to begin the foreclosure process. If the member files a Notice of Contest of Lien, the HOA's window shortens to just 90 days to begin the process. Before filing any foreclosure complaint, the HOA must also send the member a Notice of Intent to Foreclose at least 45 days before actually filing the complaint.

Each of these steps involves strict deadlines. If the HOA fails to follow any of them correctly, it may give the homeowner grounds to challenge the foreclosure entirely.

What Are Your Options If a Florida HOA Threatens Foreclosure?

Receiving an HOA foreclosure notice does not mean you are out of options. There are several ways a homeowner may be able to fight back or resolve the situation before it reaches a courtroom. An attorney can help you understand whether any of these applies to your situation:

• Challenging whether the HOA followed all required procedural steps, including proper notice and timing requirements

• Disputing whether the assessment itself was valid or properly approved by the board

• Negotiating a payment plan directly with the HOA to satisfy the outstanding balance and stop the foreclosure process

• Contesting improper fees or attorney costs that were added to the amount owed in violation of Florida law

• Filing a Notice of Contest of Lien to shorten the HOA's deadline and force the issue to be resolved more quickly

Timing matters enormously in these situations. The further along the HOA gets in the process, the harder and more expensive it becomes to stop. If you have received any notice related to unpaid HOA fees, speaking with a real estate lawyer as soon as possible is the most important step you can take.

Contact a Fort Lauderdale, FL Real Estate Lawyer Today

If your HOA is threatening foreclosure on your property for outstanding fees, don’t wait to get legal guidance. The Elliot Legal Group, P.A. represents homeowners in HOA disputes and real estate matters. Call The Elliot Legal Group, P.A. at 754-332-2101 to schedule a confidential consultation with a Broward County real estate attorney and find out what legal options are available.