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 : firstname.lastname@example.org : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.
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 not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
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 an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.