In short: In Real Estate Solutions Home Sellers v. Viera East Golf Course District Association, 288 So. 3d 1228 (Fla. 5th DCA 2020), a home flipper bought at a foreclosure auction and disputed $19,000 in the prior owner’s HOA assessments. The trial court called the case moot after the flipper resold. The Fifth DCA reversed, because the HOA still claimed the flipper was liable.
The Facts
Real Estate Solutions Home Sellers buys distressed and foreclosed homes, renovates them and resells them. It bought a house in Viera East at a foreclosure auction in August 2017.
The prior owner had not paid assessments for a long time, and the association had recorded a lien. The association demanded $19,032.64 in the prior owner’s unpaid assessments and penalties.
The buyer relied on the community’s covenants, which it read to say a first-mortgage foreclosure wipes out the assessment lien and the foreclosure buyer is not liable for assessments due before it took title.
The association relied on § 720.3085(2), which makes a new owner jointly and severally liable with the prior owner for unpaid assessments.
The buyer sued for a declaratory judgment, then sold the house two months later. The trial court dismissed for lack of standing and mootness.
The Decision
The Fifth District Court of Appeal reversed and remanded (Case No. 5D18-3569, Jan. 3, 2020; opinion by Judge Orfinger).
Selling the house did not end the controversy. The association’s own position was that the buyer remained jointly and severally liable under § 720.3085(2) even after it sold, so a real dispute remained.
The buyer was entitled to a ruling on what the covenants and the statute required. The court did not decide who wins on the merits.
The Law
Section 720.3085 governs HOA assessment liens. Current law (2026): § 720.3085(2)(b) still makes a parcel owner jointly and severally liable with the previous owner for assessments that came due before the transfer, with a right to seek reimbursement from the previous owner.
A first mortgagee that takes title through foreclosure gets a safe harbor under § 720.3085(2)(c): liability limited to the lesser of 12 months of assessments or 1% of the original mortgage debt, if the association was joined. Third-party auction buyers do not automatically get that protection.
The statute has been amended several times since 2017, including in 2024. Check the version in effect for your transfer date and whether the covenants say something different.
Lessons
- Before bidding at a foreclosure sale, get an estoppel certificate or ledger from the HOA. Unpaid assessments can follow the property.
- Covenants and the statute can point in different directions; the answer may depend on the governing documents and when they were recorded.
- Selling the property does not necessarily end your exposure or your right to a declaration.
- Investors should budget for prior-owner assessments in every foreclosure purchase.
Watch the Oral Argument
This is the recording of the oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
HOA vs. Home Seller | Real Estate Solutions Home Sellers v. Viera East Golf Course District Association, 5D18-3569
Go Deeper
- A Condo Developer’s Default Did Not Mean a Guarantee for Every Unit (Merco Group at Akoya v. General Computer Services)
- Who Owns the Spa and Lobby? Condo-Hotel Rights on Appeal (North Carillon v. Z Capital)
- No Written Easement, No Parking Access: Condo Loses Driveway Claim (Miami Beach Club v. RDR)
Frequently Asked Questions
Does a foreclosure sale buyer owe the prior owner’s HOA dues in Florida?
Often yes. Section 720.3085(2)(b) makes the new owner jointly and severally liable for past-due assessments, subject to limited exceptions.
Do first mortgage lenders get a break on HOA dues after foreclosure?
Yes. Under § 720.3085(2)(c), a first mortgagee’s liability is capped at the lesser of 12 months of assessments or 1% of the original mortgage debt if the association was joined.
Can I still sue the HOA after I sell the house?
Viera East holds the dispute is not moot if the association still claims you are liable.
What should I get from an HOA before buying at auction?
An estoppel certificate or account ledger showing what is owed.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate, landlord-tenant, condominium and property disputes from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Statutes and court rules are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
