Are condominium liens exempt from the homestead exemption?
No. The homestead exemption does not exempt a unit owner who, due to failure to pay assessments, has a lien placed on his unit. There are two reasons for this. The first reason is that assessments are generally imposed for the improvement or repair of property. Thus, liens may attach based on language from Art. X Section 4, Fla. Const. which exempts homestead property from liens “except for the payment of… obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty.” The second reason is that declarations of condominium and covenants are recorded before an owner takes title. Thus, in those cases, the unit owner has subjected his homestead exemption to the provisions of the declaration which allow an association to file a claim of lien and foreclose. Time limitations Like construction liens, an action to foreclose a condominium lien must be brought within one year from the date the lien was rec
