Florida Statutes 718.116: Condominium Assessments, Liens and Foreclosure Rules

Quick Answer

Section 718.116 of the Florida Statutes is the Condominium Act's assessment and lien section. It makes every unit owner liable for assessments, gives the association a lien that relates back to the original declaration, caps what a foreclosing first mortgagee owes, sets default interest and late fee limits, and regulates estoppel certificates. The pre-lien and pre-attorney-fee notices are in a companion section, 718.121. A foreclosure judgment cannot be entered until at least 45 days after written notice of intent to foreclose.

At a Glance

What the Law Says

Liability and the first mortgagee cap, subsection (1)

A unit owner, "regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure," is liable for assessments that come due while owner, and is jointly and severally liable with the previous owner for all unpaid assessments up to transfer. An association that takes title by foreclosure or deed in lieu is not a "previous owner."

A first mortgagee that acquires title by foreclosure or deed in lieu is liable for unpaid pre-acquisition assessments up to "the lesser of":

• the unit's unpaid common expenses and regular periodic assessments that accrued or came due during the 12 months before acquisition and have not been paid; or
• one percent of the original mortgage debt.

This applies only if the first mortgagee "joined the association as a defendant in the foreclosure action." A first mortgage recorded before April 1, 1992 is exempt from liability for pre-acquisition assessments unless the declaration incorporated future amendments to the chapter. The person acquiring title must pay the amount owed within 30 days after transfer.

Interest, late fees and payments, subsection (3)

• Interest runs from the due date at the declaration rate (not above the legal limit); if none, 18 percent per year.
• If the declaration or bylaws provide, an administrative late fee up to "the greater of $25 or 5 percent of each delinquent installment."
• Payments are applied first to interest, then the late fee, then collection costs and attorney fees, then the delinquent assessment, notwithstanding any restrictive endorsement.
• A late fee is not subject to chapter 687 or section 718.303(4).

The lien, subsection (5)

The association has a lien on each condominium parcel. It relates back to the recording of the original declaration, "However, as to first mortgages of record, the lien is effective from and after recording of a claim of lien." A valid claim of lien states the parcel description, record owner, association name and address, amount due and due dates, and must be "executed and acknowledged by an officer or authorized agent." The lien "is not effective 1 year after the claim of lien was recorded unless, within that time, an action to enforce the lien is commenced" (extended during a bankruptcy stay). It secures unpaid assessments due and accruing "through the entry of a final judgment," plus interest, administrative late fees, costs and attorney fees. An owner can record a notice of contest of lien, after which the association has 90 days to sue or the lien is void.

Foreclosure, subsection (6)

The association may foreclose like a mortgage or sue for a money judgment without waiving the lien, and recovers reasonable attorney fees. "No foreclosure judgment may be entered until at least 45 days after the association gives written notice to the unit owner of its intention to foreclose." If the notice is not given at least 45 days before the action is filed and the owner pays before final judgment, "the association shall not recover attorney fees or costs." Notice goes by hand delivery or certified or registered mail, return receipt requested. A receiver may collect rent if the unit is leased during foreclosure, and a first mortgagee that takes title is not excused from common expenses during its ownership (subsection (7)).

Notices before fees and liens, section 718.121

• Section 718.121(5): the association "may not require payment of attorney fees related to a past due assessment" without first mailing a notice of late assessment giving at least 30 days to pay.
• Section 718.121(6): "no lien may be filed by the association against a condominium unit until 45 days after the date on which a notice of intent to file a lien has been delivered" by registered or certified mail, return receipt requested, and by first-class mail (also to the unit address if different).
• Section 718.121(4): invoices and account statements must go by first-class mail or email; changing delivery method requires a mailed notice at least 30 days ahead and the owner's affirmative acknowledgment.

Estoppel certificates, subsection (8)

Within 10 business days after a written or electronic request, the association "shall issue the estoppel certificate." The statute sets the form. Fees: up to $250 if nothing is delinquent, $100 more if expedited (delivered within 3 business days), and up to $150 more if a delinquent amount is owed. These dollar amounts are as written in the statute; subsection (8)(i) says they are adjusted every five years by CPI and published by the Department of Business and Professional Regulation, so confirm current figures. An estoppel certificate has a 30-day effective period (35 if sent by regular mail). The association "waives the right to collect any moneys owed in excess of the amounts specified" from a person who relies on it in good faith. If it fails to deliver within 10 business days, no fee may be charged.

What This Means in Practice

For boards

Run the calendar from the notices in section 718.121 and the foreclosure rules here: 30-day late notice before fees, 45-day notice before filing the lien, a lien that lapses after one year unless suit is filed, and 45 days' foreclosure notice before judgment. A claim of lien must be signed and acknowledged by an officer or authorized agent. Keep a clear estoppel process; a late one costs the fee.

For owners and buyers

Buyers who take title share liability with the seller for unpaid assessments to date, so an estoppel certificate matters at closing. It caps what the association can later claim from someone who relies on it in good faith.

Open questions (our reading)

• Our reading is that the 12-month and one percent cap protects only a foreclosing first mortgagee that joined the association; other buyers are not covered by that cap.
• Subsection (6)(b)'s form letter says a Claim of Lien "has been filed," so the foreclosure notice presupposes a recorded lien. Confirm sequencing with counsel.
• Dollar caps for estoppel fees are indexed; we did not check the current published amounts.

Timeline

Related Florida Law

• Section 720.3085: the HOA counterpart.
• 2021 Senate Bill 56
• Florida chapter 718 overview
• Section 718.111: official records and account statements.
• Florida HOA laws complete guide

Board Checklist

• Send the section 718.121(5) notice of late assessment before demanding attorney fees.
• Send the 45-day notice of intent to file a lien by certified or registered mail and first-class mail.
• Have an officer or authorized agent sign and acknowledge each claim of lien; include all required contents.
• Calendar the one-year lien enforcement deadline from recording.
• Give the 45-day written notice of intent to foreclose before filing suit.
• Apply payments in the statutory order.
• Issue estoppel certificates within 10 business days, on the statutory form, with fees within the caps.
• Name a website contact for estoppel requests.

Frequently Asked Questions

How long does a Florida condo lien last?

Under 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. A bankruptcy stay extends the period.

What does a bank owe after foreclosing on a condo?

The lesser of 12 months of unpaid common expenses and regular periodic assessments, or one percent of the original mortgage debt, if the bank joined the association in its foreclosure suit.

How much notice must a condo association give before recording a lien?

Section 718.121(6) requires a notice of intent to file a lien delivered by registered or certified mail and first-class mail, with the lien not filed until 45 days after delivery.

What is the maximum late fee?

If the documents allow one, up to the greater of $25 or 5 percent of each delinquent installment, in addition to interest.

How fast must an estoppel certificate be issued?

Within 10 business days after a written or electronic request. If late, no fee may be charged for it.

Does a buyer owe the seller's unpaid assessments?

Yes, a new owner is jointly and severally liable with the previous owner for unpaid assessments up to transfer, without prejudice to recovering from the previous owner.

Can the association collect rent from my tenant?

Yes. Subsection (11) lets it make written demand on the tenant when the owner is delinquent; the tenant who pays is immune from the owner's claim for that rent.

Where This Comes From

We read the full text and history line of section 718.116 and of section 718.121 in the 2026 Florida Statutes (section 718.116), and the Florida Senate's page for 2021 Senate Bill 630, which identifies Senate Bill 56 as chapter 2021-91. We did not read court opinions for this page.

How APM Helps

Association Property Managers provides remote HOA and condo management for associations in Florida, starting at a flat $99/month per community with no per-door fees or long-term contracts. See remote management in Florida, browse every Florida state-law guide, or request a free proposal, delivered within three business days. Laws and licensing rules differ by state, and we confirm the requirements for Florida when we build your proposal.

Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Florida attorney before acting.