All
Members
Companies
Blog
Forums
Podcast
Webinars
    User Log in  /  Sign up
  • Forums
    Buying & Selling Real Estate Followed Forums Landlord Forums & Rental Property Questions New Member Intros Newest Posts Trending Discussions See All
  • Education

    Read

    Guides Member Blog BiggerPockets Blog

    Watch

    Webinars Video Library Free Courses

    Listen

    BiggerPockets Podcast The Money Show Podcast BiggerPockets Business Podcast

    Topics

    Business Operations Finance Finding Deals Property Management Property Types Strategy
  • Network

    Recommended Vendors

    Companies Real Estate Agents Hard Money Lenders Investment Companies Mortgage Lenders Contractors

    Search

    Members Events Jobs
  • Tools

    Calculators

    Rental Property Fix and Flip BRRRR Rehab Estimator
    Wholesaling Mortgage Payment 70% Rule Airbnb

    Services

    Landlord Resources
  • Marketplace
    Real Estate Listings Find Foreclosures External Link Ads, Jobs, and Other
  • Bookstore

    Real Estate Books

    The Intention Journal Buy, Rehab, Rent, Refinance, Repeat The Book On Rental Property Investing See all books

    Real Estate Forms

    Lease Agreement Package

    Featured Book

    The House Hacking Strategy book cover
    The House Hacking Strategy

    Discover why so many successful investors support their investment careers with house hacking—and learn from a frugality expert who has “hacked” his way toward financial freedom!

    Get the book now
  • Pricing
Log In Sign up
User
Quick search links
Podcast Hard Money Lenders Books New York
ForumsArrowHome Owner Association (HOA) Issues & Problems ForumArrowHOA Statute Of Limitations FL
  • Newest Posts Arrow Down Light
    • Newest Posts
    • Unanswered Discussions
  • Trending Arrow Down Light
    • Top Discussions
    • Trending Discussions
  • General Real Estate Arrow Down Light
    • Local Real Estate Forums

      Real Estate Forums near you

      • New Haven Real Estate Forum 133 Posts 20 Discussions
      • Allentown Real Estate Forum 445 Posts 65 Discussions
      • Norwalk Real Estate Forum 11 Posts 0 Discussions
      • Cambridge Real Estate Forum 48 Posts 7 Discussions

      View all Local Real Estate forums

    • General Info
      • Real Estate Success Stories 81K Posts 3.9K Discussions
      • BiggerPockets Business Podcast 170 Posts 21 Discussions
      • BiggerPockets Money Podcast 709 Posts 52 Discussions
      • New Member Introductions 517K Posts 58K Discussions
      • BiggerPockets Exclusive PRO Area 17K Posts 3.2K Discussions
      • Real Estate Quizzes 707 Posts 21 Discussions
      • FAQ Forum 150 Posts 10 Discussions
      • Questions About BiggerPockets and Official Site Announcements 44K Posts 4.3K Discussions
      • BiggerPockets Webinar Discussion Forum 500 Posts 17 Discussions
      • BiggerPockets Summer Reading List 165 Posts 28 Discussions
      • Real Estate Not-So-Successful Stories 833 Posts 55 Discussions
    • General Real Estate
      • Investor Deal Diaries 19K Posts 1.0K Discussions
      • Completed Deal Diaries 19K Posts 6.2K Discussions
      • Buying & Selling Real Estate Discussion 488K Posts 68K Discussions
      • Do it Yourself 35K Posts 3.8K Discussions
      • Military Investing 7.0K Posts 677 Discussions
      • Home Owner Association (HOA) Issues & Problems Forum 6.6K Posts 970 Discussions
      • Construction & Remodeling Diaries 9.0K Posts 1.4K Discussions
    • Reviews & Feedback
      • Real Estate Guru, Book & Course Reviews and Discussions 29K Posts 3.1K Discussions
      • Real Estate Deal Analysis and Advice 142K Posts 20K Discussions
      • Ask About A Real Estate Company 26K Posts 2.8K Discussions
    • Investor Basics
      • Starting Out 364K Posts 52K Discussions
      • Real Estate Investor Marketing Help & Advice 50K Posts 6.9K Discussions
      • Investor Psychology 23K Posts 1.7K Discussions
      • General Real Estate Investing 161K Posts 21K Discussions
    • Landlord & Tenant Forums
      • Landlord Forums & Rental Property Questions 437K Posts 48K Discussions
      • Renters Discussion 47K Posts 5.3K Discussions
    • Foreclosures
      • General Foreclosure & Pre-Foreclosure Forums 36K Posts 5.8K Discussions
      • Short Sales Questions 17K Posts 2.2K Discussions
      • HUD, VA, and Tax Sales 11K Posts 1.6K Discussions
      • Get Foreclosure Help - Stop Foreclosure Forum 6.8K Posts 947 Discussions
      • REOs 18K Posts 2.3K Discussions
    • Real Estate Strategies
      • Rehabbing and House Flipping 124K Posts 15K Discussions
      • BRRRR - Buy, Rent, Rehab, Refinance, Repeat 993 Posts 139 Discussions
      • Short-Term and Vacation Rental Discussion 35K Posts 2.9K Discussions
      • Real Estate Wholesaling Questions & Answers 151K Posts 20K Discussions
      • Innovative Strategies 34K Posts 4.5K Discussions
      • Real Estate Development & New Home Construction 21K Posts 2.9K Discussions
      • Rent to Own a.k.a. Lease Purchase, Lease Options 17K Posts 2.6K Discussions
      • Tax Liens, Notes, Paper, & Cash Flows Discussion 39K Posts 4.4K Discussions
      • 1031 Exchanges 10K Posts 1.6K Discussions
    • Commercial Real Estate
      • Multi-Family and Apartment Investing Forums 133K Posts 14K Discussions
      • Mobile Homes & Mobile Home Park Investing 22K Posts 2.7K Discussions
      • Commercial Real Estate Investing Forum 42K Posts 5.5K Discussions
    • Business Basics
      • Goals, Business Plans & Entities 28K Posts 3.9K Discussions
    • Real Estate Technology and the Internet
      • Real Estate Technology, Social Media & Blogging 18K Posts 2.6K Discussions
    • Loans, Mortgages, Credit Lines
      • Real Estate Crowdfunding Forums 6.1K Posts 418 Discussions
      • Creative Real Estate Financing Forum 60K Posts 8.9K Discussions
      • Private Lending & Conventional Mortgage Advice 123K Posts 16K Discussions
    • Financial, Tax, and Legal
      • Tax, Legal Issues, Contracts, Self-Directed IRA 117K Posts 17K Discussions
      • Property Insurance Questions & Discussions 12K Posts 2.1K Discussions
      • Personal Finance Forum 23K Posts 2.5K Discussions
    • Real Estate Professionals
      • Contractors 20K Posts 4.1K Discussions
      • Real Estate Agent Forums 54K Posts 7.7K Discussions
      • Bankers, Lenders, and Mortgage Brokers 14K Posts 2.1K Discussions
    • Real Estate Marketplace
      • Real Estate Events and Happenings 70K Posts 17K Discussions
      • Marketplace 238K Posts 94K Discussions
    • Off Topic
      • Off-Topic 45K Posts 5.8K Discussions
      • BiggerPockets Real Estate Investing Summit 2.1K Posts 118 Discussions
      • Housing News & Real Estate Market Discussions 16K Posts 1.9K Discussions
Start a Discussion

HOA Statute Of Limitations FL

5 Replies

  • Share on Facebook
  • Share on Twitter
  • Share on LinkedIn
Rotate Log in or sign up to reply
  • 1
user profile avatar
  • Posts 52
  • Votes 2

Brad Warshaw

posted 10 months ago

I bought a condo at the county foreclosure auction where one of the two HOAs foreclosed. I did not know about a second HOA and they want 11 years worth of payments. They never filed a lien. I heard there is a five year statute of limitations for HOA where they can only go back and charge five years. Is this true?

Rotate Log in or sign up to reply
user profile avatar
  • Posts 20K
  • Votes 10K

Wayne Brooks
Real Estate Professional from West Palm Beach, Florida

replied 10 months ago

The 5 year SOL, applies to mortgages, and only to a very small degree.  There is no such limitation for hoa’s as far as I know.  A real estate attorney who deals with hoa foreclosure defense should be able to help.

Rotate Log in or sign up to reply
user profile avatar
  • Posts 860
  • Votes 515

Ehsan Rishat
Specialist from Carlsbad, CA

replied 10 months ago

@Brad Warshaw If you are sure they never filed a lien, you should definitely consult a real estate attorney because I believe you may have a legitimate case here. Keep us updated on any further developments.

Good Luck!

Rotate Log in or sign up to reply
user profile avatar
Check Rosette Top Subject:
Team
  • Posts 1.7K
  • Votes 754

Ronald Rohde
Attorney from Dallas, TX

replied 10 months ago
Originally posted by @Wayne Brooks :

The 5 year SOL, applies to mortgages, and only to a very small degree.  There is no such limitation for hoa’s as far as I know.  A real estate attorney who deals with hoa foreclosure defense should be able to help.

 After five years from the date of delinquency, the Florida "statute of limitations" will bar an association from filing any lien or lawsuit to collect the unpaid assessments. 

None of this is legal advice, check your documents and recorded items carefully, I'm licensed in Florida, but don't do a ton of work in this area.

Rotate Log in or sign up to reply
user profile avatar
  • Posts 20K
  • Votes 10K

Wayne Brooks
Real Estate Professional from West Palm Beach, Florida

replied 10 months ago

@Ehsan Rishat Just so you know, a lien is not necessary for HOA debts to carry over to a new owner.....either by normal sale or foreclosure.

Rotate Log in or sign up to reply
user profile avatar
  • Posts 860
  • Votes 515

Ehsan Rishat
Specialist from Carlsbad, CA

replied 10 months ago

@Wayne Brooks Thanks for the heads up! I've read up on this and you are absolutely correct. The borrower needs to sign a promissory note making them liable for all debts. 

Rotate Log in or sign up to reply
  • 1

Free eBook from BiggerPockets!

Ultimate Beginner's Guide Book Cover

Join BiggerPockets and get The Ultimate Beginner's Guide to Real Estate Investing for FREE - read by more than 100,000 people - AND get exclusive real estate investing tips, tricks and techniques delivered straight to your inbox twice weekly!

  • Actionable advice for getting started,
  • Discover the 10 Most Lucrative Real Estate Niches,
  • Learn how to get started with or without money,
  • Explore Real-Life Strategies for Building Wealth,
  • And a LOT more.

Sign up below to download the eBook for FREE today!

Download the eBook Now

Lock We hate spam just as much as you

Related Resources Home Owner Association (HOA) Issues & Problems Forum
5 Questions to Ask When Considering an Investment Partner
2 Questions to Ask Yourself Before Scaling Your Business (& 3 Easy Steps to Get Started)
Stop! DON’T Put Your Investment Property in an LLC If…
What Is a 1031 Exchange (& Should You Use One?)
The Exchange Files: 3 Buy & Hold Exit Plans Designed to Save Big on Taxes
Resources Read, see, and learn more!
Link Real Estate Investment Calculators
Link BiggerPockets Blog
Link Path to Purchase
Link Mortgage Loans
Link Find a Contractor
Link Real Estate Agents
Link Hard Money Lenders
Link Real Estate Listings

Top Contributors

Kyle J.
Kyle J.
Northern, CA
7.86
Score
Teri S.
Teri S.
Grand Junction, CO
3.57
Score
Dan Heuschele
Dan Heuschele
Poway, CA
2.14
Score
Josh Miller
Josh Miller
Kingwood, TX
2.14
Score

Home Owner Association (HOA) Issues & Problems Forum Trending Discussions

  • How do I protect my interest in a property purchased at auction
    4 Replies
Close Thin

Create Lasting Wealth Through Real Estate

Join the millions of people achieving financial freedom through the power of real estate investing

Start here

Already have an account? Click here to log in

Log in Sign up

Log in

Forgot password?

If you signed up for BiggerPockets via Facebook, you can log in with just one click!

Log in with Facebook

Or
btn_google_dark_normal_ios Created with Sketch. Continue with Google

Let's get started

We just need a few details to get you set up and ready to go!

Use your real name

Use at least 8 characters. Using a phrase of random words (like: paper Dog team blue) is secure and easy to remember.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.

Or
btn_google_dark_normal_ios Created with Sketch. Continue with Google

Why create an account?

Receive a free digital download of The Ultimate Beginner's Guide to Real Estate Investing.

Connect with 1,000,000+ real estate investors!

Find local real estate meetups and events in your area.

Start analyzing real estate properties, we do the math for you.

It's free!

Explore

  • Membership
  • Community
  • Education
  • Marketplace
  • Tools
  • FilePlace
  • REI Resources
  • Perks
  • iOS App
  • Android App

Company

  • About Us
  • Press
  • Advertising
  • Careers
  • Stats
  • Contact Us

Important

  • Terms of Use
  • Rules
  • Privacy
  • FAQ

Social

  • Facebook
  • Twitter
  • YouTube
  • Instagram
© 2004-2019 BiggerPockets, LLC. All Rights Reserved.