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A homestead right in real property cannot rise any higher than the right, title or interest acquired

Author johnbsims3
Admin Male

#1 | Posted: 2 Jan 2007 18:35 
A homestead right in real property cannot rise any higher than the right, title or interest acquired by the homestead claimant. A homestead may attach to an interest less than an unqualified fee simple title. A homestead may attach to any possessory interest, subject to the inherent characteristics and limitations of the right, title or interest in the property. The homestead, however, will not operate to circumvent an inherent characteristic of the property acquired. The concept of community association and mandatory membership is an inherent property interest. The declaration defines the rights and obligations of property ownership. The mutual and reciprocal obligation undertaken by all purchasers in homeowner's associations creates an inherent property interest possessed by each purchaser. The obligation to pay association dues and the corresponding right to demand that maximum services be provided within the association's budget are characteristics of that property interest. Moreover, the right to require that all property owners pay assessment fees is an inherent property right. That no owner has to pay more than a pro rata share is an essential characteristic of the property interest.

Homeowners' Association is entitled to the foreclosure of the contractual lien it has on the houses of delinquent owners. We recognize the harshness of the remedy of foreclosure, particularly when such a small sum is compared with the immeasurable value of a homestead. Under the laws of this state, however, we are bound to enforce the agreements into which the homeowners entered concerning the payment of assessments.


Homestead property tax exemption is sometimes confused with the constitutional homestead which is established in Article X of the Constitution. At Section 4 of Article X, the Constitution exempts a homestead property from forced sale under certain circumstances. You do not have to file for homestead property tax exemption to be afforded the homestead protection in Article X.

The County requires that you appear in person to file for the homestead ad valorem tax exemption, and will not accept an application filed on your behalf. Additionally, the recording of a designation of homestead refers to the protection from forced sale contained in Article X of the Constitution of the State of Florida. A designation of homestead IS NOT an application for homestead property tax exemption.
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Questions and Answers Florida Homestead Services - Florida Homestead Exemption Act Forum / Questions and Answers /
A homestead right in real property cannot rise any higher than the right, title or interest acquired
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