by SWFL Land
Yes, you can sell Florida land that owes HOA dues, CDD assessments or county MSBU charges, and you usually do not need to pay them before you sell. We buy Florida land with HOA, CDD and assessment liens, including lots with years of unpaid dues, a recorded claim of lien, or high CDD bond assessments on the tax bill. In most sales the title company pays what is owed out of the sale proceeds at closing. SWFL Land (Libera Capital Group LLC) is a direct cash buyer, not a listing agent. You usually get a written cash offer within 24 hours, we close in 7 to 21 days through a licensed Florida title company, there are no commissions or fees, we pay standard closing costs, and you can sell as-is from anywhere. Call (239) 686-0823 or request a cash offer online.
This page is general information about Florida land, not legal or tax advice. For advice on your situation, talk to a Florida attorney or the title company handling your sale.
What kinds of assessments can be attached to Florida land?
Owners often lump these together as “HOA fees,” but Florida treats them very differently. Who charges it decides how it is collected, whether it shows on your tax bill, and what happens if it goes unpaid.
| Charge | Who imposes it | Main Florida law | How it is collected | If unpaid |
|---|---|---|---|---|
| HOA assessment | Homeowners’ association under recorded covenants | Chapter 720, F.S. | Billed directly by the association | Claim of lien, possible lien foreclosure, interest and late fees |
| CDD assessment | Community development district (a local special-purpose government) | Chapter 190, F.S. | Usually on the county tax bill as a non-ad valorem assessment | Treated like unpaid taxes: tax certificate, then possible tax deed |
| MSBU / MSTU charge | County, for a defined service area | s. 125.01(1)(q), F.S. | Often on the tax bill (assessments) or as a millage (taxes) | Same tax bill process when collected on the bill |
How do HOA liens work in Florida?
Homeowners’ associations for single-family lots are governed by Chapter 720, Florida Statutes. The rules that matter most when you sell are in section 720.3085.
The lien and its priority
If the governing documents allow it, the association has a lien on each parcel to secure payment of assessments. Under section 720.3085(1), that lien generally relates back to the date the community’s original declaration was recorded. There is an important exception for lenders: as to a first mortgage of record, the HOA lien is effective only from the date the association records a claim of lien.
A first mortgage lender that takes the property through foreclosure gets limited protection. Under section 720.3085(2)(c), it generally owes only the lesser of the unpaid assessments that came due in the 12 months before it took title, or 1 percent of the original mortgage debt, provided the association was named in the foreclosure. Most vacant lots have no mortgage, so this “safe harbor” rarely helps a lot owner, but it explains why HOA balances survive many foreclosures.
Why the buyer cares
Section 720.3085(2)(b) makes a new owner jointly and severally liable with the previous owner for all unpaid assessments that came due before the transfer. In other words, the debt follows the land. That is why no title company will close a sale in an HOA without first getting the payoff figure, and why the balance is normally paid from your proceeds.
Interest and late fees
Unpaid HOA assessments bear interest at the rate in the declaration or bylaws, or 18 percent simple interest per year if none is set. If the documents allow it, the association may also charge a late fee of up to the greater of $25 or 5 percent of each late installment. Payments are applied first to interest, then late fees, then collection costs and attorney fees, and last to the assessment itself. On an old lot, those layers can add up to more than the dues.
What is an HOA estoppel certificate?
An estoppel certificate is the association’s written statement of exactly what is owed on a parcel. Section 720.30851, Florida Statutes, sets the rules:
- Who can request it: the parcel owner or the owner’s designee (usually the title company), or a mortgagee or its designee.
- Deadline: the association must issue it within 10 business days after receiving the request.
- How long it is good for: 30 days if delivered by hand or electronically, 35 days if sent by regular mail.
- What it lists: the regular assessment and how often it is due, the paid-through date, an itemized list of amounts owed now and coming due during the validity period, transfer or capital contribution fees, open violations, and whether board approval or a right of first refusal applies.
- Fees: the statute caps the fees an association may charge, with added amounts for rush delivery and delinquent accounts. If the association misses the 10-business-day deadline, it may not charge a fee for that certificate.
Florida also requires a seller in an HOA community (other than the developer) to give the buyer a disclosure summary before the contract is signed. Under section 720.401, if it is not provided, the buyer may cancel within 3 days after receiving it or before closing, whichever comes first. When you sell to us, the title company handles these documents.
How do CDD assessments work in Florida?
A community development district (CDD) is a local special-purpose government created under Chapter 190, Florida Statutes, usually to finance roads, water, sewer, drainage and amenities in a new community. CDDs are common in newer master-planned communities.
Two kinds of CDD assessments
- Benefit (debt) special assessments pay back the bonds that built the infrastructure. They are spread over many years.
- Maintenance special assessments pay to operate and maintain district facilities each year.
Section 190.021 classifies these as non-ad valorem assessments and makes them a lien on the land from the date they are imposed until paid. That lien is coequal with the lien of state, county, municipal and school board taxes, which generally gives it the same high priority as property taxes.
On the tax bill
Most CDDs have the county tax collector collect their assessments on the annual property tax bill. Under section 197.3632, non-ad valorem assessments collected this way appear on the same combined notice as ad valorem taxes, and if they go unpaid they are subject to tax certificates and tax deeds just like the taxes themselves. So an unpaid CDD assessment is in practice a back tax problem. See selling land with back taxes and check your timeline with the tax deed deadline calculator.
The CDD disclosure
Section 190.048 requires the contract for the initial sale of land in a CDD to include a bold, conspicuous notice that the district may impose taxes or assessments on the property in addition to county and other local taxes. Owners who bought from a developer often first learn the size of the CDD charge when they look at the tax bill.
What are MSBU and MSTU charges?
Section 125.01(1)(q), Florida Statutes, lets a county create municipal service taxing units (MSTUs) and municipal service benefit units (MSBUs) to provide services to a defined area, often in unincorporated land. They pay for things like road paving, street lighting, canal maintenance, or water and sewer extensions. They are funded by service charges, special assessments or taxes within the unit. When an MSBU assessment is placed on the tax bill, it is collected with your taxes and an unpaid balance is handled through the same tax certificate process. Ask the county whether any balance remains on a multi-year MSBU project.
Can you sell Florida land with unpaid HOA or CDD assessments?
Yes. Unpaid assessments do not stop a sale. They are paid at closing the same way a mortgage would be. Here is how each is usually handled:
| What is owed | What the title company does | Where the money comes from |
|---|---|---|
| Past-due HOA dues and fees | Orders an estoppel certificate and pays the association per that certificate | Seller’s proceeds, unless the contract says otherwise |
| Recorded HOA claim of lien | Pays the amount in the estoppel and obtains a release of the lien | Seller’s proceeds |
| Current-year HOA dues | Prorates between buyer and seller | Split by closing date |
| Delinquent taxes and CDD/MSBU assessments | Gets a payoff from the tax collector, including any outstanding tax certificates | Seller’s proceeds |
| Current-year taxes and assessments on the bill | Prorates, as with property taxes | Split by closing date |
If the balances are larger than what the land is worth, the sale may need a negotiated reduction from the association, which some HOAs will consider and some will not. We look at the numbers before we make an offer so you know where you stand. Use our land sale proceeds calculator to estimate what you would net.
Selling as-is vs. paying the balance first
Paying the HOA or the tax collector before you sell stops more interest and fees from building up, but it ties up your cash and does not usually raise the price. Selling as-is lets the closing handle every payoff in one step. If the association has started a lien foreclosure, or the land is close to a tax deed sale, time matters more than anything else, so reach out early. If the land also has code enforcement liens, see selling land with code liens.
How we buy land with HOA and CDD liens
- Send the address or parcel ID. Tell us the HOA name if you know it.
- We review taxes, assessments and liens on the county records and estimate the payoffs.
- Written cash offer, usually within 24 hours, on the land as it stands.
- Title company closes. It orders the estoppel, gets tax and assessment payoffs, pays them from the proceeds and records releases. Sign remotely or in person; funds by wire or check, usually within 7 to 21 days.
Where to Look This Up
- County tax collector. Your tax bill lists each non-ad valorem assessment (CDD, MSBU, solid waste and others) and any delinquent years or tax certificates.
- County property appraiser. Ownership, legal description and often a list of the special districts the parcel is in. Find your county on our find your county page.
- County clerk official records. Search your name or parcel for a recorded claim of lien, the declaration of covenants and any lis pendens.
- The CDD’s website or district manager. Each CDD publishes its budget and assessment schedule.
- Sunbiz.org. Look up the HOA’s registered agent and officers through the Florida Division of Corporations.
- Due diligence. Our Florida land due diligence checklist covers the rest.
HOA & CDD Lien FAQs
Who buys land with HOA or CDD liens in Florida?
SWFL Land (Libera Capital Group LLC) buys land with unpaid HOA dues, CDD assessments and MSBU charges in all 67 Florida counties. Call 239-686-0823 or email info@swflland.com for a written offer, usually within 24 hours.
Does an HOA lien stay with the land when it is sold?
Yes. Under section 720.3085, a new owner is jointly and severally liable with the previous owner for unpaid assessments, so the balance is normally paid at closing.
How long does an HOA have to give an estoppel certificate?
Ten business days after the request, under section 720.30851. It is valid for 30 days if delivered by hand or electronically and 35 days by mail.
Can a CDD assessment lead to a tax deed sale?
Yes, when it is collected on the tax bill. Unpaid non-ad valorem assessments are subject to tax certificates and tax deeds like other property taxes.
Does the CDD assessment go away when I sell?
Generally no. The annual assessment is a lien on the land and continues for the buyer on future tax bills. Past-due amounts are paid at closing.
Can the HOA foreclose on a vacant lot?
If the governing documents create a lien, Florida law generally allows the association to record a claim of lien and enforce it, which can include a lien foreclosure lawsuit. Talk to a Florida attorney if you have received a notice.
I inherited a lot with years of unpaid HOA dues. Can I still sell?
Yes. The balance is paid from the proceeds at closing. See selling inherited land or selling probate land if the estate is still open.
Do you buy land in deed-restricted communities without an HOA?
Yes. See selling land with deed restrictions. If a recorded lien or old judgment is clouding title, see selling land with title problems, and if the lot was bought at a tax sale, see selling tax deed land.
Ready to Sell?
If dues, assessments and late fees keep piling up on a Florida lot you do not use, send us the parcel and we will show you what you would walk away with. Call (239) 686-0823 or request a cash offer online.
Sources
- Section 720.3085, Florida Statutes (HOA assessments and liens)
- Section 720.30851, Florida Statutes (estoppel certificates), text and summary
- Section 720.401, Florida Statutes (disclosure summary)
- Section 190.021, Florida Statutes (CDD taxes and assessments)
- Section 190.048, Florida Statutes (CDD sale disclosure)
- Section 197.3632, Florida Statutes (uniform method for non-ad valorem assessments)
- Florida Attorney General opinion on MSTUs and MSBUs under s. 125.01(1)(q)