Homestead Protection From Golf Association Dues
I received an email from an attorney outside of Florida asking whether homestead protection shields a debtor from a lien placed on his homestead for unpaid golf association dues? The answer is probably “no.”
The homeowner probably signed documents to join the golf association, or the association membership was required by previous deed restrictions. If the golf associate has filed a lien on the house I assume it had the legal right to do so based on the association documents.
Community association liens are a type of consensual lien. The homeowner agrees or otherwise consents to the right of the association to put a lien on his homestead for unpaid dues or assessments. Mortgages are another form of consensual lien. A golf association or homeowner association has the right to foreclose its lien.
In a Chapter 7 bankruptcy, association liens are secured debts. Unpaid association dues accrued prior to filing and not secured by a lien can be discharged. The debtor is personally liable for association due which become due in the months after the bankruptcy filing.
