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Florida · Fla. Stat. §§720.3085, 718.116Florida buyer liability for the seller's unpaid HOA and condo assessments

Florida makes the buyer answer for the seller's unpaid association dues. In a homeowners' association, a parcel owner – however title was acquired, including at a foreclosure sale – is liable for all assessments that come due while they own it, and is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the transfer of title, keeping the right to recover them from the previous owner (§720.3085(2)(a)–(b)). Condominiums have the same rule for unit owners (§718.116(1)(a)). The liability cannot be avoided by giving up use of the common areas or abandoning the property. A first mortgagee that takes title by foreclosure or deed in lieu, having joined the association in the foreclosure, owes only the lesser of 12 months of unpaid assessments or 1% of the original mortgage debt (§720.3085(2)(c)). That is why a Florida closing collects the estoppel certificate and pays every amount it shows out of the seller's proceeds.

The rules

  1. New owner

    Liable for all assessments that come due during ownership – including after a foreclosure purchase.

  2. Prior unpaid dues

    Jointly and severally liable with the previous owner for everything unpaid at the transfer of title.

  3. Recovery

    The new owner may recover what they paid from the previous owner.

  4. No escape

    Not avoided by waiving use of common areas or abandoning the property.

  5. First mortgagee

    If it took title by foreclosure after joining the association: lesser of 12 months' unpaid assessments or 1% of the original debt.

How a Florida closing protects the buyer

  • Order the estoppel certificate from the HOA or condo association early – it states what is owed.
  • Make sure every amount on it is paid from the seller's proceeds on the settlement statement.
  • Check for special assessments approved but not yet due – ask the association and read the estoppel.

Watch out

  • Bank-owned and foreclosure purchases: the buyer still owes assessments that come due after taking title.
  • An outdated estoppel – re-check the figures if closing moves.

Questions buyers ask

Am I responsible for the seller's unpaid HOA dues in Florida?

Yes. A new owner is jointly and severally liable with the previous owner for all assessments unpaid at the transfer of title, with a right to recover them from the previous owner (Fla. Stat. §720.3085(2)(b); condos §718.116(1)(a)).

How do I make sure unpaid dues are paid at closing?

Through the association's estoppel certificate, which states what is owed; the closing agent pays those amounts from the seller's proceeds.

Does this apply to condos too?

Yes. The condominium act has the same joint and several liability for unit owners (Fla. Stat. §718.116(1)(a)).

Related guides

ClosingCode adds the HOA documents to every Florida deal with an association and requests them by link – the estoppel is never the last thing found.

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Source: Florida Statutes §720.3085(2) and §718.116(1)(a) (leg.state.fl.us, read October 25, 2026).

General information, not legal advice. The closing agent orders the estoppel certificate and pays what it shows. ClosingCode is software; it is not a law firm or title company and is not a substitute for the advice or services of an attorney. This guide is not a substitute for the advice or services of an attorney.