Associations in Florida

Association Foreclosures

• See Foreclosures

Association Liens

Under FS 718.116 and 720.3085, Associations have a lien on each unit/parcel and the lien has priority as of the recording date of the condo dec or community CCR's. However, as to first mortgagees of record, the Association's lien [condo and non-condo] only has priority from the date that the lien was recorded. So, an Association cannot foreclose out a first mortgage unless the Association's lien was recorded prior to the first mortgage. Associations can foreclose out junior mortgages regardless of when the junior mortgage was recorded.

• After a first mortgagee obtains title through foreclosure or a deed in lieu, it has liability for unpaid assessments that came due prior to acquiring title limited to the lesser of: (1) the unit/parcel's unpaid common expenses and regular periodic assessments [non-condo statute adds "special assessments"] that came due 12 months prior to acquisition of title; or (2) one percent of the original mortgage debt.
• Duration ◦Non-Condo HOA - 5 years from recording

◦Condominium - 1 year from recording

Refinances Residential Property

• Association Estoppel is not required
• Municipal lien search is not required
• An Indemnity from the owner/borrower in favor of WFG regarding the forgoing is required