What Associations Need to Know About Homestead

Article X, Section 4 of Florida’s Constitution protects homestead property from many kinds of forced sales. However, since foreclosures of homestead properties for unpaid association assessment debts and for unpaid mortgage debts occur routinely, it is easy to see how many homeowners’ associations and condominium associations are lulled into thinking that constitutional homestead property protections do not apply to association matters. However, that is a mistaken conclusion, and there are a number of things about constitutional homestead protections about which associations should be mindful.