Selling a Condo Facing Association Lien Foreclosure in Florida

A Florida condo association can foreclose its assessment lien on a unit, similar to how a homeowners association can, but the two are governed by different statutes with meaningfully different rules. Here is generally how condo lien foreclosure works under Florida law, and what to check before selling.

How a condo association's lien and foreclosure authority work

Under Florida Statute 718.116, a condominium association has a lien on each unit to secure unpaid assessments. To be valid, the recorded claim of lien has to state the unit description, the owner's name, the association's name and address, the amount due, and the due dates, and it has to be executed and acknowledged by an officer or authorized agent of the association. The lien secures unpaid assessments, interest, administrative late fees, and reasonable attorney's fees and costs the association incurs in collecting. This is a distinct statute from F.S. 720.3085, which governs the equivalent lien for homeowners associations; see our guide on selling a house facing HOA lien foreclosure in Florida if the property is in an HOA rather than a condo.

The 1-year deadline on the lien itself

A detail specific to condo liens: F.S. 718.116 states that a recorded claim of lien is not effective 1 year after it was recorded unless the association commences an action to enforce it within that time, though the 1-year period is automatically extended for any time the association is prevented from filing because of an automatic bankruptcy stay. A unit owner can also shorten this window directly by recording a notice of contest of lien; once served, the association then has only 90 days to file suit to enforce the lien, or the lien becomes void. Together, these give an owner real tools to force clarity on where an unpaid-assessment dispute actually stands.

The first mortgagee safe harbor cap

F.S. 718.116(1)(b) caps what a first mortgagee owes the association for a previous owner's unpaid assessments when that mortgagee acquires title through its own foreclosure or a deed in lieu of foreclosure: the lesser of 12 months of unpaid assessments or 1 percent of the original mortgage debt. The cap applies only when the mortgagee filed suit against the owner and initially joined the association as a defendant, subject to the statute's stated exception for when the association was dissolved or unreachable. It does not erase the original owner's underlying debt, which the association can still pursue directly from that owner. The statute also includes a separate, older exemption for first mortgages recorded before April 1, 1992, which is worth confirming with an attorney if it might apply to a specific older mortgage.

Where a sale fits

An unpaid condo assessment balance that hasn't yet reached lien foreclosure is still something a buyer's title company will want confirmed through the association's estoppel certificate before closing; see our guide on selling a Florida condo after a milestone inspection or special assessment for how that estoppel-certificate itemization process generally works. If a lien has already progressed toward foreclosure, the amount owed, any accrued attorney's fees, and the case's current status all need to be confirmed directly with the association or its attorney. An as-is cash sale doesn't make the underlying debt disappear, but it can remove financing-timeline pressure while those specifics get sorted out.

Frequently asked questions

Can a Florida condo association foreclose on a unit over unpaid assessments?

Yes. Under F.S. 718.116, a condominium association has a lien on each unit to secure unpaid assessments, and it can pursue foreclosure of that lien to collect what's owed. This is a separate process from a mortgage lender's foreclosure and applies specifically to unpaid association assessments, late fees, interest, and the association's collection costs.

How long does a condo association have to enforce its lien?

Under F.S. 718.116, a recorded claim of lien is not effective 1 year after it was recorded unless the association files an action to enforce it within that time, subject to an automatic extension if a bankruptcy filing stays the action. A unit owner can also record a notice of contest of lien, which shortens the association's window by requiring it to file suit within 90 days of service or the lien becomes void.

What is the safe harbor cap for condo association assessments?

Under F.S. 718.116(1)(b), a first mortgagee who acquires title to a unit through its own foreclosure or a deed in lieu of foreclosure has its liability for the previous owner's unpaid assessments capped at the lesser of 12 months of assessments or 1 percent of the original mortgage debt. This cap applies only if the first mortgagee joined the association as a defendant in the foreclosure action, subject to the statute's stated exception, and it does not erase the original owner's underlying debt to the association.

Can I sell a condo with association dues that are seriously behind?

Often, yes, but the unpaid balance generally needs to be confirmed through the association's estoppel certificate and addressed as part of closing, since a buyer's title company will want the lien satisfied or specifically resolved. An as-is cash sale doesn't erase the unpaid balance, but it can remove the pressure of financing timelines while the payoff amount and any lien status get confirmed.

Behind on condo association dues and worried about a lien or foreclosure? Call OfferLink at 407-584-9111. We buy as-is across Florida, including Hillsborough County, Pasco County, and Duval County. This article is general information, not legal advice. A title company or Florida real estate attorney reviewing your specific situation is the right resource for confirming what's owed and what needs to be resolved before selling.