BreakThru Realty

Selling a Condo With Unpaid HOA Dues or a Lien in Florida

Reviewed by Tyson E. Sam, Founder and Broker of Record, BreakThru Realty, Florida License 3565210

The Short Answer

Yes. The unpaid dues, with the interest, late fees and collection costs the association may add, are paid from your proceeds at closing, using the payoff the association states in its estoppel certificate. Florida makes a buyer jointly liable for assessments left unpaid at the transfer and gives the association a lien on the unit (section 718.116 of the Florida Statutes), so no sale closes with the balance open. Move early, because the association may foreclose that lien, and the costs grow every month the account stays behind.

Why the Dues Follow the Unit

Fla. Stat. 718.116(1)(a) makes each owner liable for the assessments that come due while they own the unit, and makes the next owner jointly and severally liable with the previous one for any left unpaid at the transfer. Under 718.116(5) the association holds a lien on the unit for unpaid assessments, and a recorded claim of lien secures the assessments then due and those that come due later, with interest, late fees and reasonable collection costs and attorney fees. A claim of lien stops being effective one year after it is recorded unless the association starts an action to enforce it within that year. Because the buyer would inherit the debt, the title company requires the balance paid, and the lien released, at closing.

The Estoppel Certificate Is Your Payoff

The estoppel certificate is the association's signed statement of what is owed, and the closing agent pays from it. Under 718.116(8) the owner, the owner's designee (usually the title company) or the mortgage lender may request it, and the association must issue it within 10 business days. It lists every amount owed and every amount scheduled to come due while it is effective, which is 30 days when delivered by hand or electronically and 35 days when mailed. If the account is delinquent and with a collection attorney, the certificate must give that attorney's contact information. The statute caps the fee, with a separate cap when an amount is delinquent, and the state adjusts the caps for inflation every five years. Request your own account ledger now, before the certificate, so there are no surprises.

How the Payoff Works at Closing

On closing day the closing agent pays the mortgage, the association balance from the estoppel certificate and the other costs of sale from the buyer's money, and sends you what remains. The association balance never reaches the buyer's side of the statement. If the price will not cover the mortgage and the association balance together, you have three routes: bring the difference to closing, negotiate a reduced payoff with the association or its attorney in writing, or ask your mortgage lender to approve a short sale that pays the association from the proceeds. Each needs time, so start before you list.

The Association's Right to Foreclose

Under 718.116(6) an association may foreclose its lien the way a mortgage is foreclosed, or sue for a money judgment, and it can recover its reasonable attorney fees. It must first give the owner written notice of its intent to foreclose, and no foreclosure judgment may be entered until at least 45 days after that notice. An owner who disputes the lien can record a notice of contest; the association then has 90 days to sue to enforce it or the lien is void. A pending association foreclosure leaves less time for a sale and adds fees to the payoff, so if you have received a notice of intent, talk to a Florida real estate attorney the same week.

What to Do Before You List

Ask the management office for your ledger and for the amount needed to bring the account current. Check whether a claim of lien has been recorded against the unit with the county clerk. Dispute any charge you believe is wrong in writing, and keep copies. Ask whether the association will accept a payment plan while the unit is listed, and get any agreement in writing. If the mortgage is also behind, read the guide on selling before foreclosure, because both lenders are then paid from the same proceeds. Then price the unit as if the account were current, because the debt is a payoff on your side of the closing statement, not a feature of the unit.

Pricing and Marketing a Unit With a Balance

Buyers pay for the unit, the building and the view, and the balance you owe does not change what the unit is worth. Price from the closed sales in your building and similar buildings nearby, and market it to the whole market. What the balance changes is your net, so the broker's estimate shows the price, the mortgage payoff, the association payoff and the costs of sale on one page, and you see what reaches you before you sign anything.

Your Buyer May Already Be Working With BreakThru Realty

An owner with a balance to clear needs a sale that closes, which starts with buyers who are ready. A buyer may already be looking in your building, and your unit may be the one that buyer is waiting to find. BreakThru Realty works with hundreds of prequalified buyers searching for properties. First, the buyers already working with us. A licensed broker checks your property or business against what the buyers working with BreakThru Realty have asked us to find, and tells you what the records show. Then, the rest of the market. If no buyer on file fits, the same broker builds the plan that reaches more of them: the MLS and the sites it feeds, cooperating brokers and direct outreach to the buyers most likely to pay for what you own. Always, your objectives. Your price, your timing, your privacy and what you keep after closing decide the strategy. You see the evidence behind every recommendation before you sign anything. A potential match is a conversation, not an offer, until the buyer sees your property and makes one. No buyer is named and nothing about your property or business is shared until you decide to proceed.

Request Your Condo Selling Strategy

Send the building, the unit and, if you have them, the association's ledger or letters. A licensed broker checks your property against the buyers on file and the closed sales nearest it, then calls within one business day to talk it through. No fee, nothing listed and nothing shared until you decide. The call covers the price the recent closings support, the payoff and the net you can expect, how much time a sale has if the association has sent a notice, and the order of steps from listing to closing.

The Florida Law Behind This Guide

Fla. Stat. 718.116: subsection 1 on owner liability, 5 on the association's lien, 6 on foreclosure of the lien and 8 on the estoppel certificate, read in the 2026 Florida Statutes. Last reviewed November 9, 2026. This guide is general information, not legal advice. Ask a Florida real estate attorney how the statutes and your building's documents apply to your sale.

Own a Condo Like This One?

Condo buyers search by building, floor, view, floor plan and monthly cost, and the buyers working with BreakThru Realty tell us which buildings they want. If you own a unit in this building or one like it, a broker can compare it with those requirements before you list, and explain how the association's reserves, assessments and rules will shape the buyers you attract.

BreakThru Realty works with hundreds of prequalified buyers searching for properties. Before you list, a broker reviews what you own, the market around it and whether an existing buyer's requirements match. If none does, you see how we would position it to reach other qualified buyers.

Find Out If We Have Your Buyer · Discuss Selling With BreakThru Realty

A potential match is a conversation, not an offer, until the buyer sees your property and makes one. No buyer is named and nothing about your property or business is shared until you decide to proceed.

Talk It Through With a Broker

Every sale is its own set of numbers. Request a free valuation built from the closed sales that match your home, or read the market figures for your county on BreakThru Realty Research.

Can I sell a condo with unpaid HOA dues or a lien: Questions

Can I sell my Florida condo with unpaid HOA dues or a lien?
Yes. The unpaid dues, with the interest, late fees and collection costs the association may add, are paid from your proceeds at closing, using the payoff the association states in its estoppel certificate. Florida makes a buyer jointly liable for assessments left unpaid at the transfer and gives the association a lien on the unit (section 718.116 of the Florida Statutes), so no sale closes with the balance open. Move early, because the association may foreclose that lien, and the costs grow every month the account stays behind.
The association added late fees and lawyer fees on top of what I owe. Do those come out at closing too?
Usually, yes. A recorded claim of lien secures the unpaid assessments with interest, late fees and reasonable collection costs and attorney fees, and the estoppel certificate itemizes them. If a charge looks wrong, dispute it in writing before closing and ask a Florida real estate attorney to review the ledger.
Can the association stop my sale?
It cannot stop you from listing, but a sale will not close until the estoppel amount is paid or the association agrees in writing to a different payoff. Some declarations also require the association to approve the buyer, which runs alongside. Clearing the balance from the proceeds is the usual answer.
What if the price will not cover my mortgage and the dues?
Then you bring the difference to closing, negotiate a reduced payoff with the association in writing, or ask your mortgage lender to approve a short sale that pays the association from the proceeds. Each takes time, so start before you list and involve a Florida real estate attorney.

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