Can a Condo Association put a lien on a property which is main residence/ Homestead?

What happens if lien is already on property that wasn't registered as main residence but then is registered as homestead?

Tampa, FL -

Attorney Answers (3)

Carol Anne Johnson

Carol Anne Johnson

Real Estate Attorney - Saint Petersburg, FL
Answered

The answer to both your questions is "Yes." While the Florida Constitution protects homesteaded property against most creditors, there are exceptions for back taxes, mortgages, condo and homeowner association fees, and mechanics liens. They can not only put a lien on your property, they can initiate a foreclosure if the lien remains unpaid. Either pay off the association fees or seek the advice of a HOA attorney if you feel the fees imposed are in violation of the CC & Rs.

Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate,... more
Marshall C Deason Jr.

Marshall C Deason Jr.

Real Estate Attorney - Tampa, FL
Answered

I agree with Attorney Johnson. However, I want to point that determination of homestead that is exempt from forced sale has nothing to do with applying for a homestead exemption from property taxes. You do not have to "register" a homestead to protect it from creditors.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does... more
Barbara Billiot Stage

Barbara Billiot Stage

Foreclosure Attorney - Orlando, FL
Answered

Unfortunately, yes the COA can lien and foreclose on homestead property.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult... more

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