Cricket Properties, LLC v. Nassau Pointe at Heritage Isles HOA (2013)
Citation: 124 So. 3d 302 (Fla. 2d DCA 2013) · Court: Florida Second District Court of Appeal · Decided: 2013
The leading florida appellate authority that a homeowners-association assessment lien does not survive the issuance of a tax deed. A Florida tax deed creates a “new, original, and paramount” title that wipes the association’s lien; the association’s recourse is a claim against any tax-sale surplus, not against the tax-deed purchaser. Florida therefore has no HOA super-priority in the tax-deed context — the opposite of the Nevada-style regime.
Facts
Cricket Properties acquired title to a parcel within the Nassau Pointe at Heritage Isles HOA via a tax deed and brought a quiet-title action. The association raised an affirmative defense that Cricket was liable for all unpaid assessments that came due up to the transfer of title, relying on the Chapter 720 (HOA) provisions making a new unit owner liable for a prior owner’s unpaid assessments.
Holding
Under §§ 197.552 and 197.573(2), Florida Statutes, liens for unpaid homeowners-association assessments do not survive the issuance of a tax deed and are extinguished. Even though Chapter 720 makes a new owner liable for prior unpaid assessments, the ad valorem tax-deed provisions of Chapter 197 supersede Chapter 720 as to whether an association-assessment lien survives acquisition by tax deed.
Reasoning
- A tax deed is not a transfer of the former owner’s title; it “creates in the purchaser a new and original title entirely disconnected with that of the former owner” — a “new, original and paramount” title.
- Because the new title is disconnected from the former owner’s, liens (such as HOA assessment liens) tied to that prior ownership do not attach to the tax-deed holder.
- Sections 197.552 and 197.573(2) control over the general HOA-liability scheme of Chapter 720 in the tax-deed context.
Practical impact
- For investors / operators: a Florida tax deed takes the property free of HOA/condo assessment liens that predate the deed — a significant difference from a mortgage-foreclosure outcome, where association claims (and super-priority regimes elsewhere) can survive. This reduces post-acquisition lien exposure but should be confirmed parcel-by-parcel against the recorded chain. See lien-survival and hoa-super-priority.
- For former owners / associations: the association is not without remedy — it may assert a claim against the tax-deed surplus under § 197.582 rather than pursue the purchaser. This is a recognized route for associations to recover from the surplus pool.
Good-law status
Still good law as of last_verified 2026-06-02. Described as the first decision of its kind
and consistently followed by later Florida courts. Not overruled.
Why it matters
Cricket Properties settles a recurring acquisition question in Florida: HOA liens are extinguished by a tax deed, and associations must look to surplus, not the purchaser. It is the anchor for Florida’s “no HOA super-priority” classification and a key lien-survival data point.
Related authorities
- tyler-v-hennepin-county — surplus belongs to those with a protected interest, not the government.
- dawson-v-saada-1992 — tax-deed mechanics and the “new, original and paramount” title concept.
Applies in →
Legal information, not legal advice. This page summarizes a court decision for educational purposes and does not create an attorney-client relationship. Verify against the primary opinion and consult a licensed attorney in the relevant jurisdiction before acting. Last verified 2026-06-02.