A Judgment Against the Condo Association: What It Means for a Unit Sale

Published October 9, 2026 · Recalde & Friedman, PLLC

Why it comes up

A title search on a condominium unit sometimes turns up a judgment or lien naming the association, from a contractor, a vendor, or a lawsuit over an injury on the common elements. Buyers ask whether that judgment is a lien on the unit they're buying. Sellers ask whether it will hold up closing. Florida's condominium statute gives a framework.

No lien on the condominium as a whole

Once the declaration is recorded, and while the property is still subject to it, "no liens of any nature are valid against the condominium property as a whole" except with the unanimous consent of the unit owners. Liens may arise or be created only against individual condominium parcels (§ 718.121, Fla. Stat.(1)).

The statute also handles construction work:

• Work on a single unit can't support a construction lien against the unit of an owner who didn't expressly consent to or request it (§ 718.121, Fla. Stat.(2)).
• Work on the common elements isn't a basis for a lien on the common elements. If the association authorized it, the work is treated as done with each owner's consent, and a lien may be filed against all units in proportion to each owner's share of the common expenses.

Releasing one unit

If a lien against two or more units becomes effective, each owner can free its own unit by exercising the rights of an owner under chapter 713 or by paying the proportionate amount attributable to its unit. The lienor must then release the lien of record for that unit (§ 718.121, Fla. Stat.(3)). For a seller, that can mean paying the unit's share at closing in exchange for a recorded partial release.

Owners' share of association liability

A unit owner may be personally liable for the association's acts or omissions relating to the common elements, but only to the extent of the owner's pro rata share, matching the owner's interest in the common elements, and never more than the value of the unit (§ 718.119, Fla. Stat.(2)). If the association may face liability beyond its insurance, it must notify all owners within a reasonable time, and they have the right to intervene and defend (§ 718.119, Fla. Stat.(3)).

In practice, associations usually pay judgments through the budget or a special assessment. That is often the more important issue for a buyer.

What buyers should ask

• Is there a special assessment, or one being discussed? The Condominium Rider has the seller disclose special assessments levied or pending, and allocates who pays them. The association's estoppel certificate lists amounts owed and amounts scheduled to come due (§ 718.116, Fla. Stat.(8)).
• Is there pending litigation? The rider includes a seller representation about known pending or anticipated litigation affecting the property or common elements.
• Is it insured? Ask the association for insurance information. The estoppel form requires contact information for all insurance the association maintains.
• What do the minutes say? The rider lets buyers request 12 months of board and member meeting minutes and agendas.

What the title company does

How a recorded judgment naming the association is handled on a particular unit's policy depends on the instrument, the underwriter's guidelines, and the facts. Options include confirming that it isn't a lien on the unit under § 718.121, Fla. Stat.(1), obtaining a partial release under § 718.121, Fla. Stat.(3), or listing it as an exception. Raise it early so there's time to resolve it before the title evidence deadline.

Hypothetical

A contractor that replaced the building's roof records a lien against all units after a payment dispute with the association. A seller under contract can pay the unit's proportionate share and get a recorded release for that unit, or the parties can wait for the association to resolve the dispute. Either way, the buyer should also ask whether a special assessment is coming to fund the settlement.

More on condo issues: condo estoppel certificates and the study guide chapter on condos.

Frequently asked questions