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Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees

Broward Florida Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees

Name: Broward Florida Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees
Brand: US Legal Forms
Rating: 4.69 (371 reviews)

Category:

Liens - Condominiums

State:

Multi-State

County:

Broward

Control #:

US-01120BG

Format:

Instant download

Description

A condominium is a combination of co-ownership and individual ownership. Those who own an apartment house or buy a condominium are co-owners of the land and of the halls, lobby, and other common areas, but each apartment in the building is individually owned by its occupant. Either in the bylaws of the condominium association, the declaration of condominium filed in the land records of the county where the condominium is located, or in some other document, there will be an agreement among the unit owners regulating the administration and maintenance of the property, including payment of assessments by the owners.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Yes! In fact, per Florida law, your homeowners' association can potentially foreclose your property even if you are current on your mortgage. If you've fallen behind on HOA fees, read on for some insights on what to expect.

In Florida, the statute of limitations for breach of contract (such as violating your HOA covenants) is five years. The time period within which the HOA could enforce the covenant has expired, at least as it pertains to those patios that were built more than five years ago.

HOA liens do not expire, and these liens will encumber the property forever. HOA liens may be foreclosed, and they must be paid whenever the property is sold or refinanced. The Florida homestead exemption does not protect owners against liens in favor of either a condominium association or an HOA.

If you fail to pay your HOA or COA assessments in Florida, the association can get a lien on your property and might foreclose on your home.

Florida law requires the HOA to send notice to the homeowner of their intent to record a lien. Their notice must be sent at least 45 days prior to recording the lien. The notice must include details of the amount owed and an opportunity to pay the amount before filing foreclosure.

Florida's Homeowners' Association Act does not preclude an association from foreclosing on a home subject to a superior mortgage, but the mortgage lien holds higher priority (and is therefore paid first from sale proceeds) if the mortgage was recorded earlier than the HOA's lien claim. Fla.

Under Florida law, a condominium lien expires one (1) year after recording and, thus, the condominium association must file its lien foreclosure action within that one (1) year period.

Removal of Association's Lien To remove a lien on a property, homeowners must first satisfy the debt owed to the homeowners association. To pay off an HOA lien, the homeowner must make payment to the association in the amount of the delinquent assessments, plus interest and any applicable fees.

Broward Florida Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees

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FAQ

Can an HOA foreclose for fines in Florida?

Is there a statute of limitations on HOA violations in Florida?

Do HOA liens expire in Florida?

Can a HOA place a lien in Florida?

How does an HOA file a lien in Florida?

Are HOA liens superior to mortgages in Florida?

How long does an HOA lien last in Florida?

How do I remove an HOA lien in Florida?

Can HOA put a lien on my house in Florida?

Interesting Questions

What is a Broward Notice of Lien?

What are assessment fees in a condominium?

Why would a Broward Notice of Lien be issued to a condominium unit owner?

What happens if I receive a Broward Notice of Lien?

Can a Broward Notice of Lien affect the sale or refinancing of my condominium unit?

How can I resolve a Broward Notice of Lien?

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