Florida Statutes 720.3085: HOA Assessment Liens, Notices and Foreclosure

Quick Answer

Section 720.3085 of the Florida Statutes governs how a homeowners' association collects unpaid assessments: the lien, the written notices that must come first, interest and late fees, foreclosure, the owner's right to make a "qualifying offer," and the first mortgagee's limited liability. The association must give a notice of late assessment (30 days) before it can require payment of attorney fees, and a notice of intent to record a lien (45 days) before recording one. A foreclosure action cannot start until 45 days after a further notice.

At a Glance

What the Law Says

The lien, subsection (1)

"When authorized by the governing documents," the association has a lien on each parcel to secure assessments and other amounts under the section. The lien relates back to the recording of the original declaration, but "as to first mortgages of record, the lien is effective from and after recording of a claim of lien." A valid claim of lien must state the parcel description, the record owner, the association's name and address, the amount due and the due date. It secures unpaid assessments due and those accruing after recording "before entry of a certificate of title," plus interest, late charges, and reasonable costs and attorney fees of collection.

An owner can record a "Notice of Contest of Lien." After service, the association has 90 days to sue to enforce the lien or the lien is void (extended during a bankruptcy stay). The association may foreclose like a mortgage and may also sue for a money judgment without waiving the lien. If the owner stays in possession after judgment the court may require reasonable rent, and a receiver can collect rent if the parcel is leased.

Who owes what, subsection (2)

• An owner, however title was acquired (including at a foreclosure sale), is liable for assessments that come due during ownership, and is jointly and severally liable with the previous owner for unpaid assessments up to transfer. An association that takes title by foreclosure or deed in lieu is not a "previous owner" for this purpose.
• A first mortgagee that acquires title by foreclosure or deed in lieu owes, for assessments due before acquisition, "the lesser of" (1) the unpaid common expenses and regular periodic or special assessments that accrued during the 12 months before acquisition, or (2) one percent of the original mortgage debt. This applies only if the mortgagee "filed suit against the parcel owner and initially joined the association as a defendant." Joinder is excused if the association was dissolved or had no known office or agent for service.
• An association that acquires title by foreclosing its own lien is not liable to another association with a superior lien for assessments, late fees, interest, fees and costs that came due before it acquired title.

Interest, late fees and payments, subsection (3)

• Interest runs from the due date at the rate in the declaration or bylaws (not above the legal limit). If none, "simple interest accrues at the rate of 18 percent per year." Compound interest may not accrue.
• If the documents provide, an administrative late fee up to the greater of $25 or 5 percent of each late installment.
• Payments are applied first to interest, then the late fee, then collection costs and attorney fees, then the delinquent assessment, regardless of any restrictive endorsement on the payment. A late fee is "not a fine."
• Invoices and account statements must go by first-class mail or email to the address in the official records. To change delivery method, the association must mail written notice at least 30 days ahead and the owner must affirmatively acknowledge the change.
• Before requiring payment of attorney fees on a past-due assessment, the association must send a notice of late assessment by first-class mail (also to the parcel address if different) giving the amount owed and 30 days to pay. A sworn affidavit of mailing by a board member, officer, agent or licensed manager creates a rebuttable presumption of mailing.

Notice before a lien and before foreclosure, subsections (4) and (5)

A homeowners' association "may not file a record of lien" unless it has made written demand. The notice must give the owner 45 days following the date it is deposited in the mail to pay all amounts due, including attorney fees and costs of preparing the demand, and must go by registered or certified mail, return receipt requested, and by first-class mail. A foreclosure action "may not be brought until 45 days after the parcel owner has been provided notice of the association's intent to foreclose," in the statute's form, and that notice may not be given until the first 45 days have passed. These time limits do not apply if the parcel is subject to another party's foreclosure or forced sale or the owner is in bankruptcy.

Qualifying offer, subsections (6) and (7)

After service of a foreclosure summons, if the parcel is not in a mortgage foreclosure or tax certificate sale, the owner is not in bankruptcy, and trial is not set within 30 days, the owner may file one "qualifying offer" to pay all amounts secured by the lien plus amounts accruing. Filing stays the foreclosure for the period stated, up to 60 days after service and no sooner than 30 days before trial. The offer must be in writing, signed by all owners and any homestead spouse, notarized, and in the statute's form. During the stay the association may not add legal fees except for defending a mortgage foreclosure, a bankruptcy, or filings by others. If the owner breaches, the stay is vacated.

Tenant rent demand, subsection (8)

If the owner is delinquent and the parcel is rented, the association may demand that the tenant pay rent to the association until the obligation is paid. The tenant who pays after demand is immune from the owner's claim for that rent. The association may use eviction procedures under chapter 83 if the tenant fails to pay.

What This Means in Practice

For boards

The statute is a sequence: late-assessment notice (30 days) before fees, lien notice (45 days) before recording, foreclosure notice (45 days) before suing. Skipping a step has a stated cost for the first: no attorney fees. Use the statutory forms "substantially" as written and keep proof of mailing.

Governing documents must authorize the lien. The statute begins "When authorized by the governing documents."

For owners

You can record a Notice of Contest of Lien to force the association to sue within 90 days. If sued to foreclose, you may be able to file a qualifying offer to stay the case. Payments are applied to interest, fees and costs before the assessment itself, even if your check says otherwise.

Open questions (our reading)

• Paragraph (4)(a) says 45 days "following the date the notice is deposited in the mail," while the statutory form says 45 days "after your receipt." The text does not reconcile these. Counting from the mailing date is the more cautious reading for the association's compliance calendar; confirm with counsel.
• Unlike the condominium section, the text we read does not contain a one-year deadline after recording for suing on the lien. Other Florida law may impose limits. Confirm with counsel.
• Whether special assessments count toward "regular periodic or special assessments" for a particular mortgagee depends on the facts. We read only the statute.

Timeline

Related Florida Law

• Section 718.116: the condominium counterpart, with a one-year lien enforcement window.
• 2021 Senate Bill 56: assessment invoices and notices.
• Section 720.305: fines under $1,000 cannot become liens.
• Section 720.303: owners may request a detailed accounting of amounts owed.
• Florida chapter 720 overview
• Florida HOA laws complete guide

Board Checklist

• Confirm the declaration authorizes an assessment lien.
• Send the notice of late assessment by first-class mail before demanding attorney fees; keep a sworn mailing affidavit.
• Send the 45-day notice of intent to record a claim of lien by certified or registered mail and first-class mail.
• Verify the claim of lien states the parcel, owner, association, amount and due date.
• Apply payments in the statutory order: interest, late fee, costs and fees, then assessment.
• Calendar the 45-day foreclosure notice and the 90-day contest window.
• Know the first mortgagee cap (the lesser of 12 months of assessments or 1 percent of the original mortgage debt) before budgeting for collections on mortgaged parcels.
• Give notice and obtain acknowledgment before changing invoice delivery method.

Frequently Asked Questions

How much notice must an HOA give before filing a lien in Florida?

Section 720.3085(4) requires written notice giving the owner 45 days to pay, sent by registered or certified mail and by first-class mail, before a lien is recorded.

Can the HOA charge attorney fees right away when I am late?

No. The association must first send a notice of late assessment giving the amount owed and a chance to pay within 30 days without attorney fees.

What interest rate applies to late assessments?

The rate in the declaration or bylaws, within the legal limit. If none, simple interest at 18 percent per year. Compound interest may not accrue.

What is a qualifying offer?

A one-time written offer, signed by all owners and notarized, to pay everything secured by the lien. Filing it stays the foreclosure for up to 60 days, if the statute's conditions are met.

How much of the unpaid assessments must a bank pay after foreclosing?

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

Can the HOA collect rent from my tenant?

Yes, after written demand, if the owner is delinquent. The tenant who pays the association is immune from the owner's claim for that rent.

Can I make the association sue on a lien?

By recording a Notice of Contest of Lien, an owner can limit the association to 90 days after service to file suit; otherwise the lien is void.

Where This Comes From

We read the full text and history line of section 720.3085 in the 2026 Florida Statutes (section 720.3085) and the Florida Senate's page for 2021 Senate Bill 630, which identifies Senate Bill 56 as chapter 2021-91. We did not read case law 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.