Florida Association Foreclosure, Part 2: The anatomy of a foreclosure by a homeowners or condominium associationIn many respects an association foreclosure mirrors a bank foreclosure, with some minor differences.
Once an account is delinquent, the association is permitted under Florida Statutes to place a lien on the subject property for nonpayment of assessments.
Prior to recording this lien, the association is required to send the offending homeowner a Notice of Intent to Lien and to provide a period of time with which to bring the account current (30 days for a condominium association, 45 days for a homeowners’ association).
If the account is not brought current during this time period, the association is permitted to record its lien and institute a foreclosure action in the subject property and against the offending homeowner.
Prior to filing the lawsuit, however, the association is required to offer the offending homeowner one last chance to bring the account current.