HOA Statute Of Limitations FL

5 Replies

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?

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.

@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!

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.

@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.

@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. 

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