Can Past Due HOA Fees Become Personal Debts?

Can Past Due HOA Fees Become Personal Debts?

Homeowners Associations (“HOA”) can seek personal judgments against property owners if they are past due on Association fees. HOA’s can seek liens on the property and even foreclose, but they can also come after a property owner personally.

In Florida, a HOA Lien is stronger than the Florida Constitution’s homestead protection, allowing a HOA to foreclosure on a property, even the primary home of a Florida resident a/k/a homestead property.

The HOA has to follow certain steps and deadlines to comply with the Florida Statutes. If a HOA desires to pursue owners, or former owners, they must act quickly.

A mortgage company or a bank has to foreclose on the property before they can seek a deficiency judgment against the owner or former owner, whereas a HOA’s can seek a personal judgment against the property owner or former owner.

If you are a HOA or Unit Owner please do not hesitate to contact us for further questions, we will be happy to help.

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