Can my condominium association really take my condo?
Yes, Condominium Associations in Florida can lien and then foreclose on units within the condominium. In Florida condo lien foreclosure is governed by the Florida Condominium Act, specifically Chapter 718 of the Florida Statutes (the “Condo Act”). The Condo Act outlines the procedures and requirements for condo associations to enforce their liens against delinquent unit owners and foreclose on their units to collect unpaid assessments and other charges.
Under Florida law, a condo association has a continuing lien on a unit for any unpaid assessments, including regular assessments, special assessments, and other charges. The association has the right to foreclose on the lien – foreclosure just like a mortgage.
The condo lien foreclosure process in Florida generally involves the association sending mandatory notices to the owner and then ultimately filing a lawsuit in court to obtain a judgment against the delinquent unit owner. There are at least two mandatory notices that the condo association must send before filing the lawsuit for foreclosure. Florida law requires that the condominium association send the notices via certified mail to the unit address and to any other address the owner has provided to the association. This is especially important for non-owner occupied condo units.
The unit owner has the opportunity to defend against the foreclosure action and may have various legal defenses available, such as challenging the validity or amount of the assessments, the associations (non)compliance with the statute, and other defenses. One of the best defenses to an otherwise valid lien foreclosure is failure of the association to follow the statutory notices that are required under the Condo Act. However, if the association is successful in obtaining a judgment, the court will order the sale of the unit at a foreclosure sale.
It's important to note that Florida law provides certain protections to unit owners facing condo lien foreclosure, including notice requirements, opportunities for payment plans or mediation, and redemption rights that allow the unit owner to reclaim the unit after the foreclosure sale by paying the outstanding amounts in full. It's crucial for unit owners to understand and comply with the specific requirements and procedures outlined in the Florida Condominium Act regarding condo lien foreclosure to ensure compliance with the law and protect their respective rights and interests. Legal advice from a qualified attorney in Florida, is recommended for navigating the complex process of condo lien foreclosure. At Cornerstone Law Firm we are here to help. We invite you to call our office if you need assistance or guidance.
