Can a Florida Condo association foreclose on an condo that is owned outright but behind in fees without notifying the owners

It really all depends on the circumstances. If in fact the property was behind on its condo fees, then the condo has the right to file a claim of lien, which gives you the owner to become current, including all fees and costs within 30 days. If you do not, they have the right to file a foreclosure action to foreclose its interest and force a sale of the property via foreclosure sale. In addition a judgment is entered and you could later face a deficiency judgment pursuant to Florida Statute. However, this all depends on the method of service of process (ie. if and how you received notice of the lawsuit.) You should bring all of your paperwork to an attorney who is competent to review the Court file and determine what if anything can be done. Time is definitely of the essence.

Condominium associations are required to take resonable steps to make sure that owners know about liens and foreclosure proceedings. If the property passed through a probated estate to you, the personal representative of the estate may have had some dealings with the association. You should contact an experienced real estate lawyer in your area to help you sort through the situation.

You are saying that you inherited a condo, but did the property go through probate administration and was the title changed to your name when the HOA filed the foreclosure complaint? If not, there was no way for the HOA to know to notify you. They would attempt service at the address they had on file, most likely the property address. You should consult a real estate/foreclosure defense attorney about your options. Provided that you can establish your legal right to the property, and that the foreclosure action is still pending, you can be added as a defendant to the complaint, if you choose to defend the foreclosure action.

Chapter 718 FS sets forth the notice requirements with respect to the filing of a claim of lien upon the condo and the foreclosure of such lien. Specifically, 718.116(6)(b) provides: (b) No foreclosure judgment may be entered until at least 30 days after the association gives written notice to the unit owner of its intention to foreclose its lien to collect the unpaid assessments. If this notice is not given at least 30 days before the foreclosure action is filed, and if the unpaid assessments, including those coming due after the claim of lien is recorded, are paid before the entry of a final judgment of foreclosure, the association shall not recover attorney’s fees or costs. While the Association does not need to give notice prior to filing the foreclosure action it must give 30 days written notice prior to the judgment being entered. I would attempt to work with the Association in paying off the balance due, assuming that the condo has a value greater than the amount secured by the lien for assessments.