Kenner, LA asked in Real Estate Law for Florida

Q: HOA rights when property is inherited. Do they have the right to forclose if their lien has been filed?

Will good faith payment of a portion of fees owed protect the new owners till damage to home is repaired and property sold? Property has value of $115,000. Lien amount $2500. Do we have no rights?


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1 Lawyer Answer
Jonathan A. Klurfeld
Jonathan A. Klurfeld
  • Boca Raton, FL
  • Licensed in Florida

A: HOA liens are statutory rights in Florida; see 720.3085. Generally, an HOA will not take less than owed, only payment in full will prevent the foreclosure. And the lien will only grow as time goes on and attorney's fees build at hundreds of dollars per hour. $2500 is a relatively small amount, which could easily double quickly, and the owners should just settle it up.

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