Florida law prescribes the sequence an association must follow to collect a delinquent assessment, and each step has a clock: a 30-day notice of late assessment before any attorney's fees may be charged to the owner, a 45-day notice of intent to record a claim of lien, the recorded claim of lien, a 45-day notice of intent to foreclose, and then the foreclosure action. Skipping or shortcutting a notice can forfeit the association's fees and delay the lien by months. Here is the timeline for condominiums, cooperatives and homeowners associations, with the rules on late fees, interest and how payments are applied.
Day 1: the assessment is due
Assessments are due on the dates the governing documents set. Most declarations provide a short grace period (often ten or fifteen days) before an installment is "late." From the day it is late, two charges may begin if the documents authorize them:
- Late fee: not more than the greater of $25 or 5 percent of each installment that is paid past the due date.
- Interest: at the rate provided in the declaration, or, if none, at 18 percent per year, from the due date until paid.
The association may not charge amounts the documents do not authorize, and a payment schedule that adds unexplained "administrative fees" is a frequent defense in collection cases.
Day 30 to 45: the notice of late assessment
Since 2021, before an association may require an owner to pay attorney's fees related to a past-due assessment, it must first deliver a written notice of late assessment that specifies the amount owed and gives the owner 30 days to pay before further collection action. The notice must follow the statutory form language, be sent by first-class mail to the owner's property address and to any other address the owner has designated for notice, and the association must keep an affidavit or record of the mailing. Managers typically send this notice at 30 to 45 days past due. An owner who pays within the 30 days owes the assessment, interest and late fees, but no attorney's fees.
This notice is the one most often skipped, and skipping it means the association, not the owner, pays the collection attorney for the work that follows.
Day 60 to 75: the notice of intent to lien
After the notice of late assessment expires unpaid, the file usually moves to counsel, who sends the notice of intent to record a claim of lien. The condominium and HOA statutes require this notice to be delivered at least 45 days before the claim of lien is recorded, by registered or certified mail, return receipt requested, and by first-class mail, to the owner at the property address and any designated address. The notice states the amount due, the accruing charges, and that a lien will be recorded if the balance is not paid within 45 days. Payments received during this window are credited in the statutory order described below.
Day 105 to 120: the claim of lien
If the balance remains unpaid, the association records a claim of lien in the county's official records. A condominium claim of lien must state the description of the unit, the record owner's name, the amount due and the due dates, and it secures all assessments that come due after recording as well as interest, late fees, costs and reasonable attorney's fees. A condominium claim of lien is effective for one year from recording unless a foreclosure action is filed within that year (the association may re-record). HOA liens under section 720.3085 follow similar rules. In a condominium, the lien for assessments relates back to the recording of the original declaration and therefore takes priority over most later interests other than a first mortgage, subject to the statutory safe harbor for first mortgagees who acquire title by foreclosure.
Day 150 and beyond: the notice of intent to foreclose
Before foreclosing the lien, the association must send a notice of intent to foreclose, again by certified and first-class mail, stating that the association intends to foreclose its lien if the amount is not paid. A homeowners association may not file the foreclosure until 45 days after that notice; for a condominium, no foreclosure judgment may be entered until 45 days after the notice, and in practice the notice is sent before the complaint is filed. The notice gives the owner one more opportunity to pay or to propose a payment plan. Many associations approve payment plans at this stage; a plan should be in writing, keep current assessments current, and provide that a missed payment allows the association to proceed without further notice.
Foreclosure and alternatives
If the notice expires unpaid, the association may file a lien foreclosure action in circuit court, which proceeds much like a mortgage foreclosure and can result in a judicial sale of the unit or parcel. The association may also sue for a money judgment on the debt, and may pursue both. Owners in bankruptcy trigger an automatic stay that requires bankruptcy counsel before any further step. Where a lender is also foreclosing, the association should appear in that case to protect its lien and its right to recover the safe-harbor amount from a foreclosing first mortgagee. Our Lien Foreclosure page describes the process in more detail.
How payments are applied
The statutes fix the order in which any payment on a delinquent account is credited: first to interest, then to late fees, then to costs and reasonable attorney's fees incurred in collection, and only then to the assessment itself. The order applies regardless of any restrictive endorsement the owner writes on the check ("for October assessment only"), and it is what allows a delinquency to persist even when the owner resumes paying regular assessments. Owners should be told this in the collection notices; many do not understand why a partial payment did not clear the account.
Two remedies that run alongside collection
Suspensions. Once an owner is more than 90 days delinquent in any monetary obligation, the board may suspend the owner's, tenants' and guests' right to use the common elements and facilities and may suspend the owner's voting rights, by action at a properly noticed board meeting and written notice to the owner. No hearing committee is required. The suspension may not deny access to the unit, parking, elevators or utilities.
Rent demand. If the unit or parcel is occupied by a tenant, the association may make a written demand that the tenant pay future rent to the association until the owner's monetary obligations are paid in full. A tenant who complies is protected from claims by the owner; a tenant who refuses may be evicted by the association under the residential landlord-tenant statutes.
Condominium versus HOA at a glance
| Step | Condominium (Ch. 718) | Homeowners association (Ch. 720) |
|---|---|---|
| Late fee | Greater of $25 or 5% of the installment, if authorized | Same |
| Interest | Declaration rate, or 18% | Same |
| Notice of late assessment | 30 days before attorney's fees may be charged (§ 718.121(5)) | 30 days (§ 720.3085(3)(d)) |
| Notice of intent to lien | 45 days before recording (§ 718.121(6)) | 45 days (§ 720.3085(4)) |
| Claim of lien | Recorded; effective 1 year unless suit filed; relates back to declaration | Recorded; per § 720.3085 |
| Notice of intent to foreclose | No judgment until 45 days after notice (§ 718.116(6)(b)); sent before filing in practice | 45 days before filing (§ 720.3085(5)) |
| Application of payments | Interest, late fees, costs and fees, then assessments | Same |
| 90-day suspension | Common-element use and voting rights | Same |
| Tenant rent demand | § 718.116(11) | § 720.3085(8) |
Frequently Asked Questions About Assessment Collection
When can we send a delinquent account to the attorney?
Any time, but the owner cannot be charged attorney's fees until the 30-day notice of late assessment has been delivered and has expired. Most associations send that notice at 30 to 45 days past due and refer the file to counsel when it expires.
How long does the whole process take?
From the due date to the filing of a foreclosure action, roughly five to six months if every notice is sent on time and the owner does not pay or propose a plan. Payment plans, bankruptcies and lender foreclosures extend it.
Can we accept a partial payment?
Yes, and the association must apply it in the statutory order: interest, late fees, costs and attorney's fees, then assessments. Accepting a partial payment does not waive the lien or the remaining balance, but the notices should say so.
Can we charge a collection fee or administrative fee?
Only charges the governing documents authorize and the statute permits: the capped late fee, interest, and the costs and reasonable attorney's fees actually incurred. Unexplained administrative fees are a defense in collection litigation.
What if the owner's lender forecloses first?
A first mortgagee that acquires title through foreclosure is liable to the association only for the lesser of twelve months of assessments or one percent of the original mortgage debt (the safe harbor), and the balance is generally lost. The association should monitor lender foreclosures and appear to protect its rights, and should collect promptly rather than letting balances grow behind a lender's case.
Can we suspend a delinquent owner's pool access?
Yes, once the owner is more than 90 days delinquent, by board action at a properly noticed meeting and written notice. The suspension extends to tenants and guests but may not deny access to the unit, parking, elevators or utilities.
Contact Hamilton Mikes
Hamilton Mikes handles assessment collection and lien foreclosure for associations throughout Southwest Florida, from the first statutory notice through judgment and sale. Call 239-594-7227 or visit our Assessment Collection page.
Statutes and authorities referenced
- § 718.116, Fla. Stat. (condominium assessments; liens; late fees; interest; application of payments; foreclosure)
- § 718.121(5) and (6), Fla. Stat. (30-day notice of late assessment before attorney's fees; 45-day notice of intent to record a claim of lien)
- § 718.116(6)(b), Fla. Stat. (45-day notice of intent to foreclose)
- § 719.108, Fla. Stat. (cooperative assessments and liens)
- § 720.3085, Fla. Stat. (HOA assessments; 30-day late notice; 45-day notices; liens; foreclosure)
- § 718.303(4)–(5) and § 720.305(3)–(4), Fla. Stat. (suspensions for 90-day delinquency)
- § 718.116(11) and § 720.3085(8), Fla. Stat. (rent demand to tenants)
- Session law: SB 56 (2021) (notice of late assessment; delivery requirements)