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Under Florida law, condominium and HOA associations have the power to place a lien on a unit for unpaid assessments. This lien is:

Correct Answer

C) Generally subordinate to the first mortgage lien but may have limited priority for certain unpaid assessments

In Florida, HOA/condo assessment liens are generally subordinate to the first mortgage. However, Florida law gives limited 'super-priority' to certain unpaid assessments, which may take priority over the mortgage in specific circumstances.

Answer Options
A
Always superior to the first mortgage lien regardless of recording date
B
Only enforceable against the current owner and disappears upon sale
C
Generally subordinate to the first mortgage lien but may have limited priority for certain unpaid assessments
D
Never enforceable if the owner has a homestead exemption

Why This Is the Correct Answer

In Florida, HOA/condo assessment liens are generally subordinate to the first mortgage. However, Florida law gives limited 'super-priority' to certain unpaid assessments, which may take priority over the mortgage in specific circumstances.

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