Florida Assessment Collection: Three Notices, and What It Costs to Skip One

Florida Assessment Collection: Three Notices, and What It Costs to Skip One

Roughly 120 days of notice stand between a delinquency and a foreclosure judgment. Each one has its own delivery rule.

✓  30 days — notice of late assessment

✓  45 days — notice of intent to record a lien

✓  45 days — notice of intent to foreclose

✓  Default interest 18%; late fee $25 or 5%

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Delinquency management for Florida associations

Collections fail on process, not on willingness. A lien that cannot be enforced because the pre-lien notice went to one address instead of two, or an attorney fee claim that evaporates because nobody sent the 30-day letter, costs more than the delinquency did. And the clock on an already-recorded lien is shorter than most boards realize.

Ledgerly runs the notice sequence on a tracked calendar with the affidavits executed at the time of mailing, applies payments in the statutory order rather than as owners direct them, and flags liens approaching their enforcement deadline before the deadline rather than after. We also model which accounts are worth pursuing, because a first mortgagee foreclosure will cap what you recover regardless of how well the file was worked.

7 things Florida boards get wrong about collections

  1. 1

    A condominium lien dies after one year unless you act

    Section 718.116(5)(b): the lien is not effective one year after the claim of lien was recorded unless an action to enforce it is commenced within that time. The period is extended for any time the association is barred by a bankruptcy automatic stay. Cooperatives carry the same rule.

  2. 2

    HOA liens do not have that one-year expiration

    Section 720.3085 contains no one-year provision. The only clock is the 90-day rule triggered when the owner records a Notice of Contest of Lien — file suit within 90 days of service or the lien is void. Boards and vendors routinely apply the condominium one-year rule to HOAs, which produces unnecessary litigation.

  3. 3

    An HOA lien only exists if the governing documents authorize it

    Condominium lien authority is statutory and automatic. Section 720.3085 conditions the lien on being "authorized by the governing documents." Read the declaration before recording anything.

  4. 4

    The lien's tail is longer for HOAs than for condominiums

    A condominium lien secures assessments accruing after recording through entry of final judgment. An HOA lien secures them through entry of a certificate of title — a materially longer tail, because it runs past the judgment to the sale.

  5. 5

    The safe harbor is the lesser of two numbers, and it caps recovery hard

    A first mortgagee, or a subsequent holder of that first mortgage, acquiring title by foreclosure or deed in lieu is liable for prior unpaid assessments only up to the lesser of twelve months' worth accruing immediately before acquisition of title, or one percent of the original mortgage debt. On a $400,000 mortgage that ceiling is $4,000. Model it before authorizing a fee-heavy collection file.

  6. 6

    The safe harbor has conditions, and they differ by chapter

    For condominiums it applies only if the first mortgagee joined the association as a defendant in the foreclosure — with an excuse where the association was dissolved or had no office or agent for service known or reasonably discoverable. The HOA version requires that the mortgagee filed suit against the parcel owner and initially joined the association, with no comparable excuse. Also note the HOA formulation sweeps in special assessments, where the condominium version refers to common expenses and regular periodic assessments.

  7. 7

    Third-party purchasers do not get the safe harbor

    Section 718.116(1)(g) limits "successor or assignee" of a first mortgagee to a subsequent holder of the first mortgage. An investor buying at the courthouse steps is not covered and takes the full liability.

Frequently asked questions — collections

What are the three notices, in order?

Notice of Late Assessment — 30 days. Sent by first-class mail to the owner's last address in the association's records and, if that differs from the unit or parcel address, by first-class mail there as well. Deemed delivered on mailing.

Notice of Intent to Record a Claim of Lien — 45 days. Sent by registered or certified mail, return receipt requested, and by first-class mail, to the same two addresses. No lien may be recorded until the 45 days have run.

Notice of Intent to Foreclose — 45 days. The statute titles this form DELINQUENT ASSESSMENT, which trips people up when they go looking for it.

Condominiums and HOAs therefore run a minimum of about 120 days of notice before a foreclosure judgment. Cooperatives run 75, because Chapter 719 has no pre-foreclosure notice at all.

What happens if we skip the 30-day notice?

You lose attorney fees. The statute is specific: an association may not require payment of attorney fees related to a past due assessment without first delivering a written notice of late assessment. The trigger is fees, not collection generally.

One useful evidentiary provision for condominiums: a rebuttable presumption that the notice was mailed is established by a sworn affidavit from a board member, officer, agent, or a licensed community association manager attesting to the mailing. Get the affidavit at the time, not two years later.

And if we skip the 45-day pre-lien notice?

No lien may be recorded until the 45 days have run. What the statutes do not say is what happens if an association records one anyway — none of them contains an express voiding provision. That gap is real, and a page that says so plainly is more useful than one that asserts a consequence the statute does not provide.

Note the timing runs from mailing, not receipt, even though the statutory form text says "within 45 days after your receipt of this letter." The HOA statute is explicit that the period runs 45 days following the date the notice is deposited in the mail.

How does the pre-foreclosure notice differ between condos and HOAs?

More than you would expect, and the difference is procedural rather than cosmetic.

Condominiums: the bar is on entry of judgment — no foreclosure judgment may be entered until at least 45 days after the association gives notice of its intention to foreclose. Delivery is lighter here than for the pre-lien notice: hand delivery, or certified or registered mail return receipt requested. The penalty for skipping is fee-shifting rather than jurisdictional: if the notice was not given 45 days before the action was filed and the owner pays before final judgment, the association recovers no attorney fees or costs. Two carve-outs apply — the requirement is satisfied if the owner records a notice of contest of lien, and it does not apply where a mortgage foreclosure is pending, the association's rights would be affected, and service has been made.

HOAs: the bar is on bringing the action. Delivery uses the heavier registered or certified plus first-class method. And there is an express sequencing rule — the pre-foreclosure notice may not be given until the pre-lien 45 days have already run. The two periods are consecutive, not concurrent. Section 720.3085(5) states no express penalty for non-compliance.

What can we charge in interest and late fees?

Interest at the rate in the declaration, not exceeding the rate allowed by law; if the declaration is silent, 18 percent per year by default. That default needs no authorization.

An administrative late fee of up to the greater of $25 or 5 percent of each delinquent installment — but only if provided by the declaration or bylaws. Unlike the interest default, the late fee requires authorization. Associations charging it without a document provision are charging it without authority.

One difference worth knowing: Chapter 720 expressly prohibits compound interest, and specifies simple interest at 18 percent. That prohibition was added in 2024. The words "compound interest" do not appear in s. 718.116 at all, so condominiums have no parallel express provision.

Can an owner tell us how to apply their payment?

No, and this is the most useful provision in the section for a board.

Payments must be applied first to interest, then to any administrative late fee, then to costs and reasonable attorney fees incurred in collection, and then to the delinquent assessment. For condominiums the statute overrides the alternatives explicitly — the order applies notwithstanding s. 673.3111, any purported accord and satisfaction, or any restrictive endorsement, designation or instruction placed on or accompanying a payment.

So the "paid in full" notation on a check that covers only the assessment does not work. The money goes to interest first, and the owner remains delinquent.

Quick answers on Florida collections

What must a claim of lien state?

The description of the parcel or unit, the name of the record owner, the name and address of the association, the amount due, and the due dates. It must be executed and acknowledged by an officer or authorized agent of the association.

What is a Notice of Contest of Lien?

An owner may record and serve one. Once served, the association has 90 days to file suit to enforce the lien or the lien is void. For condominiums, service of a notice of contest also satisfies the pre-foreclosure notice requirement.

Do cooperatives follow the same rules?

Partly. Chapter 719 has the 30-day and 45-day pre-lien notices, the same 18 percent default and $25-or-5-percent late fee, the same payment application order, and the same one-year lien expiration. It has no pre-foreclosure notice and no first mortgagee safe harbor. Both are meaningful gaps.

Can we accelerate the year's assessments?

The statutes are silent. Sections 718.116, 719.108 and 720.3085 neither authorize nor prohibit acceleration — the words do not appear. Whether your association can accelerate turns on the declaration and on case law, so ask counsel rather than assuming. What the statutes do provide is a functional substitute: the recorded lien automatically picks up assessments accruing after recording.

Do we have to offer a payment plan?

No Florida statute requires a condominium, cooperative or homeowners' association to offer or accept one. HOAs face a related but different mechanism: after service of a foreclosure summons a parcel owner may file a qualifying offer, which automatically stays the action for up to 60 days. It is available once only, before judgment, and is unavailable where a mortgage foreclosure or tax certificate sale is pending, the owner is in bankruptcy, or trial is within 30 days. Condominiums and cooperatives have no equivalent.

Has any of this changed recently?

Very little. Section 718.116 was last amended in 2023. The 2024 condominium bill touched s. 718.121 only with a conforming cross-reference. The 2024 HOA bill added the compound-interest prohibition to s. 720.3085. The 2025 condominium bill did not amend any of these sections, and the 2026 session produced no changes.

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