In the state of Florida, homeowners associations (HOAs) have the legal authority to place a lien on a property if the owner fails to pay their required assessments. This lien serves as a public notice that the owner owes money to the HOA. As a homeowner, understanding how an HOA lien works is crucial to avoid potential issues.
What is an HOA Lien?
An HOA lien is a legal claim that the association places on a property when the owner becomes delinquent on their HOA assessments or fees. These assessments are mandatory payments that cover the costs of maintaining common areas, amenities, and other community expenses. If you (an owner) fail to pay their assessments, the HOA can record a lien against your property.
HOA Lien Procedures in Tampa, FL
In Tampa, HOAs must follow specific procedures to place a lien on a property. First, the association must send the owner a notice of late assessment, giving them 30 days to pay the outstanding amount. If the owner still does not pay, the HOA must then deliver a 45-day notice of intent to record a claim of lien before they can actually file the lien.
Once the lien is recorded, the HOA has one year to commence legal action (i.e foreclosure) to collect the debt. However, if you file a notice of contest of lien, the association must act within 90 days.
If the delinquent assessments are still unpaid after the lien is recorded, the HOA can begin the foreclosure process, but they must send another 45-day notice of intent to foreclose.
Failure to Pay an HOA Lien
If you find yourself facing an HOA lien on your property, it can have serious consequences for you. The HOA can potentially foreclose on your property to collect the debt, even if your mortgage is current.
This means the HOA could take your home away from you entirely if you don't pay the outstanding assessments. This can be a devastating outcome, as you could lose your home through no fault of your own mortgage lender.
How to Get Rid of an HOA Lien
If you find yourself facing an HOA lien on your property in Tampa, you must act quickly to resolve the issue. The best thing you can do is contact the HOA immediately and try to negotiate a payment plan or settlement. Ignoring the lien will only lead to further legal action and additional fees, which can make the situation even worse.
You may also have the option to challenge the lien in court if you believe it was placed on your property unfairly or improperly. However, this can be a complex legal process, so you may want to consider hiring a lawyer to help you.
Protect Your Property from HOA Liens in Tampa
If you find yourself facing an HOA lien, don't wait to address it. Contact the HOA right away and try to negotiate a payment plan or settlement. You may also have the option to challenge the lien in court if you believe it was placed unfairly.
If you need help navigating the HOA lien process in Tampa, consider reaching out to PMI Tampa, a trusted property management company in the area. We can provide guidance and support to help you resolve the issue and keep your home safe.
