Glossary

HOA lien

A claim against a property for unpaid homeowners or condo association assessments, which in many states the association can foreclose.

Definition

An HOA lien is a claim against a property for unpaid homeowners association or condominium association assessments, plus interest, late fees and collection costs. The association records a claim of lien in the county records, and in many states it can foreclose on that lien much like a mortgage lender.

In Florida, for example, a homeowners association must send written notice and wait 45 days before recording a claim of lien, then give another 45 days' notice of intent to foreclose before filing a foreclosure action, under section 720.3085 of the Florida Statutes. Priority against the first mortgage depends on state law, and some states give part of the HOA lien priority over the mortgage. A recorded HOA lien points to an owner who has stopped paying monthly bills, and the balance must be paid at closing. Order an HOA estoppel or payoff letter before you set your price.

Source: leg.state.fl.us

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