All provisions of a declaration of covenants relating to a parcel that has been sold for taxes or special assessments survive and are enforceable after the issuance of a tax deed or master's deed, or upon the foreclosure of an assessment, a certificate or lien, a tax deed, tax certificate, or tax lien, to the same extent that they would be enforceable against a voluntary grantee of title to the parcel immediately before the delivery of the tax deed or master's deed or immediately before the foreclosure.

History.--s. 62, ch. 95-274; s. 51, ch. 2000-258. Note.--Former s. 617.312.

"Excerpt from Florida Statute 720.3085"

(1) When authorized by the governing documents, the association has a lien on each parcel to secure the payment of assessments and other amounts provided for by this section. Except as otherwise set forth in this section, the lien is effective from and shall relate back to the date on which the original declaration of the community was recorded. However, as to first mortgages of record, the lien is effective from and after recording of a claim of lien in the public records of the county in which the parcel is located. This subsection does not bestow upon any lien, mortgage, or certified judgment of record on July 1, 2008, including the lien for unpaid assessments created in this section, a priority that, by law, the lien, mortgage, or judgment did not have before July 1, 2008.

• (a) To be valid, a claim of lien must state the description of the parcel, the name of the record owner, the name and address of the association, the assessment amount due, and the due date. The claim of lien shall secure all unpaid assessments that are due and that may accrue subsequent to the recording of the claim of lien and before entry of a certificate of title, as well as interest, late charges, and reasonable costs and attorney's fees incurred by the association incident to the collection process. The person making the payment is entitled to a satisfaction of the lien upon payment in full.
• (b) By recording a notice in substantially the following form, a parcel owner or the parcel owner's agent or attorney may require the association to enforce a recorded claim of lien against his or her parcel:

WHO IS AFFECTED?

Mortgage foreclosure purchasers, tax deed purchasers, tax certificate holders

WHAT DOES IT MEAN?

HOA liens and dues are treated like a government lien and will need satisfying by negotiation or payment to release them.

The overage from the tax deed or foreclosure auction can be claimed by the HOA if there are no liens superior to the HOA (government, city, state, municipal, liens or special assessments). If there are no surplus funds to claim you will be required to pay any portion for which surplus auction overage does not cover (association dues, attorney costs, interest). In the past, if there were no overage to claim the HOA was out of luck. Furthermore, mortgages held by a HOA on which a tax deed is issued are still stricken by the issuance of the tax deed. I was made aware of this change after naming Home Owners Associations as Defendants in three separate quiet title actions in the same week. All three attorneys for the separate HOAs quoted the same statutes and upon questioning an attorney and looking up the statutes he agreed and said that it was true and accurate. I would indeed have to pay those outstanding HOA dues and attorney’s fees.

Additional Points

Excerpt from Florida Statute 720.--
WHAT TO DO If liens recorded
IF THERE ARE
Most HOA lien holders don’t bother

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