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Title & Liens

What Is HOA Super-Lien?

An HOA super-priority lien is a portion of an association lien that a particular state's statute may rank ahead of specified earlier liens. The rule is state-specific; Florida does not give every HOA lien blanket priority over a first mortgage.

When a homeowner falls behind on association assessments, the association may record and enforce a lien if its declaration and state law permit. Some states grant limited super-priority to part of that lien; others use different priority rules.

Florida Stat. § 720.3085 gives homeowners associations lien and foreclosure remedies, but the first-mortgagee liability cap—often described as 12 months or 1%—is not blanket lien priority over the first mortgage.

An association lien can still threaten title and may lead to foreclosure. Obtain an association estoppel or payoff, review the declaration and recorded liens, and have a Florida attorney or title professional determine the actual priority and cure.

Primary source: Florida Stat. § 720.3085 (reviewed August 16, 2026).

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