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My home owners association put a lien foreclosure on my home for failing to pay dues can they take my home, state of FL

My HOa put a "Lien Forclosure" on my home for not paying the dues. Can they take my home?

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Attorney answers (2)

Reputation Level 7
If the HOA documents provide that the HOA can make the assessments and also enforce them, then yes - they can foreclose on the property. Unfortunately, it is not uncommon for people in financial hardship to stop paying their HOA assessments. If these same people are also failing to pay their mortgage mayments, it is likely that the bank will beat the HOA's to the courthouse to file the foreclosure action. Some of the older HOA declarations often failed to allow for enforcement of non-payment of the assessments but these deficiencies in the documents are usually corrected by amendments to the documents.
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Reputation Level 10
There are only certain exceptions to the "homestead exemption" in Florida. Generally, they are:

(a) Liens and judgments for the payment of taxes and assessments on real property.
(b) Liens and judgments for obligations contracted for the purchase of real property.
(c) Liens and judgments for labor, services, or materials furnished to repair or improve real property.
(d) Liens and judgments for other obligations contracted for house, field, or other labor performed on real property.

Under Florida statutes, homeowners' associations have the ability to charge for "assessments" - that's usually what those dues you pay are used for. If you do not pay them, a valid lien can be placed on your home and the lien foreclosed, resulting in the sale of the home at public auction. Chapter 720 of the Florida Statutes contain certain requirements that the association has to follow. You may be able to read the statute and find something that the association hasn't done, and use it as a defense to the foreclosure. As a practical matter, if you don't understand the statute, you'll need an attorney to help you. You should keep in mind the cost of an attorney vs. the cost of paying the assessment may lead you to the conclusion that it's better just to pay the money to the association to begin with!

If you have broader debt problems, a chapter 13 bankruptcy will allow you to pay the money you owe to the association over time, and prevent the foreclosure. Of course, chapter 13 can involve a lot of other items, and you should talk to a professional before filing. Most bankruptcy professionals will offer you a free initial consultation.
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