Florida Notice of Lien to a Subdivision Lot Owner For Unpaid Assessment

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US-01186BG
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Description

A subdivision is the development and division of a lot, tract, or parcel of land into two or more lots, plats, sites, or otherwise for the purpose of establishing or creating a subdivision through sale, lease, or building development. The developer will generally file a document called a Declaration of the Covenants and Restrictions of (Name of Subdivision). This Declaration is normally filed in the land records of the county where the subdivision is located, and will contain regulations regarding the administration and maintenance of the property, including payment of assessments by the owners.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A housing association typically has a right of lien on each parcel within the property to secure the payment of fines and assessments. Associations cannot file a claim of lien for fines of less than $1,000.

In a super lien state like Florida, the HOA gets paid first, the lender second, and if there is anything left, other junior lien holders are paid off. If the lender doesn't realize sufficient funds from the value of the property, they are going to be left short-changed, a reality that is exacerbated by an HOA lien.

Under Florida law, an HOA may not file its lien unless it first provides the homeowner with a written demand by registered or certified mail, return receipt requested, and by first-class mail, that provides 45 days to pay all amounts due. (Fla. Stat.

Pursuant to section 720.3085(8), Florida Statutes, your payment of rent to the association gives you complete immunity from any claim for the rent by your landlord. 2. A tenant is immune from any claim by the parcel owner related to the rent timely paid to the association after the association has made written demand.

Under Florida law, if a resident fails or refuses to pay these fees, the HOA has the power to foreclose on the resident's property ? even if they are current in their mortgage or own their home outright.

After the lien is recorded, the community association must commence legal action within one year. However, if the unit owner files a Notice of Contest of Lien, the association must commence legal action within 90 days. § 718.116(5)(b), Fla. Stat.

Under Florida law, if a resident fails or refuses to pay these fees, the HOA has the power to foreclose on the resident's property ? even if they are current in their mortgage or own their home outright.

The Statute requires that notice of any meeting in which regular or special assessments against unit owners are to be considered \ specifically state: 1) that assessments will be considered, 2) provide the estimated cost, and 3) provide a description of the purposes for such assessments.

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Florida Notice of Lien to a Subdivision Lot Owner For Unpaid Assessment