Florida HOA Assessment Liens: Fla. Stat. 720.3085

What the law covers

When authorized by the governing documents, an association has a lien on each parcel to secure payment of assessments and other amounts. The lien generally relates back to the date the original declaration was recorded, but as to first mortgages of record it is effective from and after recording a claim of lien. A valid claim of lien must state the parcel description, the record owner's name, the association's name and address, the assessment amount due, and the due date. It secures unpaid assessments due and those that may accrue before entry of a certificate of title, plus interest, late charges, and reasonable costs and attorney fees. The person making payment is entitled to a satisfaction of the lien upon payment in full. The association's governing documents and later amendments may also apply.

Key requirements and limits

A parcel owner is liable for assessments that come due while the owner holds title and cannot avoid liability by waiving use of common areas or abandoning the parcel. The owner is jointly and severally liable with the previous owner for unpaid assessments that came due up to the transfer of title, subject to limits if the association acquired title through foreclosure or deed in lieu of foreclosure. A first mortgagee's liability for pre-acquisition assessments is limited to the lesser of the unpaid assessments that accrued during the 12 months immediately preceding acquisition or one percent of the original mortgage debt, if statutory conditions are met. Unpaid assessments bear interest from the due date at the rate in the declaration or bylaws, not exceeding the rate allowed by law; if no rate is provided, simple interest accrues at 18 percent per year, and compound interest may not accrue. An administrative late fee may not exceed the greater of $25 or 5 percent of each installment paid past the due date. Payments are applied first to interest, then late fees, then collection costs and attorney fees, then the delinquent assessment. The association may purchase the parcel at a foreclosure sale and hold, lease, mortgage, or convey it.

Notice, hearing and deadlines

Before recording a claim of lien, the association must provide written notice giving the owner 45 days following the date the notice is deposited in the mail to pay all amounts due. The notice must be sent by registered or certified mail, return receipt requested, and by first-class mail. After a notice of contest of lien is recorded and served, the association has 90 days to file an action to enforce the lien, or the lien is void; this period is extended during an automatic stay from bankruptcy. The association may not require attorney fees without first delivering a written notice of late assessment that specifies the amount owed and gives the owner an opportunity to pay without attorney fees. A foreclosure action may not be brought until 45 days after notice of intent to foreclose, and that notice may not be provided until the 45-day period under paragraph (4)(a) has passed. A parcel owner may file a qualifying offer to stay a foreclosure action; the stay may not exceed 60 days following service of the offer and must be no sooner than 30 days before trial, arbitration, or the trial docket.

Practical checklist for homeowners

Read your governing documents and any later amendments, because they may also apply. Keep copies of all notices, demands, and payment records. Check the official statute text for updates. Review the amounts claimed, including interest, late fees, costs, and attorney fees. Note key deadlines such as the 45-day payment period after a notice of intent to record a lien and the 90-day enforcement period after a notice of contest of lien.