What is the maximum amount that a condo association or homeowner's association can recover via Florida's super lien statute and does it vary between HOAs and condo associations?

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You have asked a complex and interesting question. It is difficult to find much information on "Super Liens" in Florida. The following is general information only and should not be construed as legal advice. If you need more detailed advice you need to consult with an attorney who specializes in real estate law in Florida.

A Super Lien refers to the senior liens on a property that take priority in a foreclosure. Super Liens include the first mortgage, certain taxes and certain condominium liens in states that grant Super Lien status.

In Florida, the Condominium Act grants condominium associations a type of "Super Lien" status which makes liens superior to all other liens except certain tax liens and first mortgages. The following is an excerpt from the information provided at the related link found below:

"In the condominium context, if a first mortgage holder files its own mortgage foreclosure lawsuit and the property is sold at public auction, depending on who buys the property the association may recover all, some or none of the past due assessments from the new owner.

If the first mortgage holder or its assignee purchases the property and the mortgage was recorded on or after April 1, 1992 or the Declaration of Condominium automatically incorporated statutory amendments then the mortgagee/purchaser is obligated to pay the lesser of the assessments, which accrued during the past 6 months or 1% of the original mortgage amount.

If, however, the mortgagee purchases the property and the mortgage was recorded before April 1, 1992 and the condominium Declaration does not incorporate statutory changes then the mortgagee is not obligated to pay any of the past due assessments. If a third party bidder purchases the condominium unit at the sale then he or she is obligated to pay all past due assessments regardless of the recording date of the mortgage. Although this has always been true the Legislature recently clarified the Condominium Act to make it crystal clear that third party purchasers are obligated for all past due assessments. This can be quite a shock to the unwary bidder at a mortgage foreclosure sale of a condominium unit that owes assessments.

The HOA Act does not contain similar provisions obligating foreclosing first mortgage holders to pay past due assessments. In such cases, the governing documents should be reviewed."
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