[FL] Can a HOA foreclosure for past HOA assessment fees be stopped or revoked if there was fraud that caused the action?
The personal representative lied about there not being any liquid cash in the estate in order to claim that he couldn’t transfer the condo and that he had no money in the estate to pay expenses.
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You must file a claim against the probate in order to attempt to avoid the debt.
That’s your best option now to challenge both the mismanagement and the HOA foreclosure.
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Can a HOA foreclosure for past HOA assessment fees be stopped or revoked if there was fraud that caused the action?
Lexi, Chatbot
I’m sorry to hear about your situation. Can you provide more details about the fraud that occurred?
The personal representative lied about there not being any liquid cash in the estate in order to claim that he couldn’t transfer the condo and that he had no money in the estate to pay expenses.
Lexi, Chatbot
Have you already been in contact with the HOA regarding the fraud and the foreclosure action?
No.
Lexi, Chatbot
Is there anything else the real estate lawyer should know before I connect you? Rest assured, they’ll be able to help with your HOA foreclosure.
No.
Jessica B
My name is Jessica, and I am a licensed attorney assisting with your question. I’m reviewing your situation now. I’m so sorry you’re having issues with the HOA. Is there a past-due balance for fees?
Yes. The past-due amount is $28,000.
Jessica B
Okay, and those fees were incurred while the property was owned by the estate?
When probate opened, there was $30,000 in liquid cash affirmed in the inventory filed with the court in September 2021.
At that time, the HOA sent a notice demanding $2,700 and warned they would place a lien. The estate opened in December 2019.
The original personal representative was paying these fees from estate funds until he passed away. The new personal representative refused to pay any further fees.
He has not filed an accounting and was asked several times to do so. I now realize it was likely to hide money.
Jessica B
What state is the property located in?
Florida.
Jessica B
In Florida, a probate estate can be liable for unpaid HOA fees — but only for fees incurred before the homeowner’s death.
The estate’s responsibility is limited to the amount owed at the time of death.
Yes, this was post-death. There is already a civil court claim for the fees.
Jessica B
Okay. Was this property homestead?
It was marked as exempt homestead in the sworn inventory.
But the personal representative says that since I am not a blood relative, homestead doesn’t apply to me.
Jessica B
Correct — homestead protections typically apply to heirs, meaning blood relatives, not non-heir beneficiaries. It would apply to the heirs who sold or transferred the property to you.
I inherited the property through the will.
My understanding is that there are three types of homestead:
- Homestead status that stays attached to the property itself,
- Homestead protection from creditors, and
- Homestead exemption for tax purposes.
I believe I retain homestead status, which makes it not a probate asset.
This is where the fraud comes in — they purposely never transferred the condo to me so they could later take it for fees.
They lied to the judge, saying there was no cash — but there was.
If there was cash, they would have been required to transfer the condo long ago.
Jessica B
Okay, and there was cash listed in the Inventory filed with the court?
Yes — $30,000.
Jessica B
Did the personal representative file a Petition for Homestead Status with the court?
No, he did not. But I did in 2024, and he filed a sanction against me for doing so, forcing me to withdraw it.
Jessica B
In that case, you’ll want to hire a probate attorney to file a claim against the estate and seek a court order requiring the estate to be liable for the HOA fees.
Is this because of the homestead issue?
Jessica B
Correct. If the deed is transferred to you through homestead, then you become liable for the fees.
What about requesting that the personal representative be required to post a surety bond?
Jessica B
That opportunity has passed — a bond must typically be requested at the beginning of probate.
Yes, but due to his mismanagement, can I request it now? Is this to protect me from inheriting the lien?
Jessica B
You must file a claim against the probate in order to attempt to avoid the debt.
That’s your best option now to challenge both the mismanagement and the HOA foreclosure.
Okay.
Jessica B
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