HOA and Condo Liens

Can you sell a Florida house with unpaid HOA or condo dues?

Yes. Unpaid association assessments are paid from the sale proceeds at closing, and the title company asks the association for the exact balance. The risk is waiting, because Florida associations can lien and in some cases foreclose.

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The short answer

Yes. Being behind on dues does not stop you from selling. The association's claim is a lien on the property, and a lien is settled at closing out of the seller's proceeds.

Howler Property Group LLC, a Tampa-based company that buys Florida houses directly, publishes this guide. It is general information and not legal advice.

How do association liens work in Florida?

A homeowners' association (chapter 720 of the Florida Statutes) or a condominium association (chapter 718) can record a claim of lien for unpaid assessments, plus interest and collection costs. Before it can foreclose, the association generally has to send written notices and wait through statutory periods, and the details differ between HOAs and condominiums. Florida law also limits using fines alone as the basis for foreclosure. A Florida attorney can tell you where your association stands.

What is an estoppel letter?

An estoppel certificate is the association's written statement of what the owner owes, including past-due assessments, late fees and any special assessment. The title company orders it for a sale. Ask early, because the association has a limited number of business days to answer and it carries a fee set by law.

Does the buyer inherit unpaid dues?

Generally the amount owed at closing is paid out of the seller's proceeds. A buyer who skipped that step can end up liable for the balance, which is why title companies insist on the estoppel letter. Foreclosing a lien can also wipe out some interests, so an association foreclosure is a real loss risk for an owner who is also behind on a mortgage. See selling before a foreclosure auction in Florida.

What about special assessments and approval rules?

  • A special assessment for a roof, structural repair or reserves may be owed in installments. Ask whether the unpaid portion is due at closing or can be assumed.
  • Some associations require approval of buyers. A cash buyer who is an entity may need to confirm the rules. Read the declaration before you sign a contract.

Where does Howler Property Group fit in?

Howler Property Group buys Florida houses as-is for cash, including properties where the owner owes an association. We order the title search and the estoppel letter, put the terms in a written contract and the balance is paid through the title company at closing. If working out a payment plan would leave you better off, we say so.

Written 2026-10-27. This page is general information, not legal or tax advice, and we are not a law firm. For your own deadlines and rights, talk to a Florida attorney.

Related questions

Good Questions

Frequently asked

Can I sell my Florida house if I owe HOA dues?
Yes. Unpaid assessments are a lien that is paid out of the seller's proceeds at closing, using the balance the association states in its estoppel letter.
Can an HOA foreclose on my house in Florida?
In many cases yes, after it records a claim of lien and follows the notice requirements in chapter 720 or chapter 718. Florida law limits using fines alone as a basis for foreclosure. Ask a Florida attorney about your association.
What is an estoppel certificate?
It is the association's written statement of what an owner owes, including past-due assessments and late fees. The title company orders it so the balance is paid correctly at closing.
Does a buyer take on my unpaid HOA balance?
The balance owed at closing is paid from the seller's proceeds. Title companies require the estoppel letter because a buyer can otherwise be left liable.
What if my condo has a special assessment?
Ask the association whether the unpaid part is due at closing or can be assumed, and read the declaration and the estoppel letter before signing.