A Florida condominium or homeowners association's lien for unpaid assessments arises from the recorded declaration, but the association cannot enforce it until it has sent the statutory notices, recorded a claim of lien, sent a further notice of intent to foreclose, and filed a foreclosure action in circuit court that proceeds like a mortgage foreclosure. Sections 718.116 and 718.121 set the condominium sequence and section 720.3085 the homeowners association parallel. Uncontested, the process runs six to nine months from the first notice to the clerk's certificate of title, and at nearly every stage the owner can stop it by paying. This article walks through the steps in order, from the board's point of view.
Stage one: the notices that precede the lien
| Step | Condominium | HOA | Purpose |
|---|---|---|---|
| Notice of late assessment | 30 days before attorney's fees may be charged; first-class mail; affidavit kept (§ 718.121(5)) | Same (§ 720.3085(3)(d)) | Owner's chance to pay before collection costs begin |
| Notice of intent to record a claim of lien | 45 days before recording; certified and first-class mail to address of record and property (§ 718.121(6)) | 45 days (§ 720.3085(4)) | Statutory precondition to a valid lien |
| Claim of lien recorded | County official records | Same | Perfects the lien; secures fees and costs |
| Notice of intent to foreclose | No foreclosure judgment may be entered until 45 days after the notice (§ 718.116(6)(b)); in practice sent before filing | Action may not be filed until 45 days after the notice (§ 720.3085(5)) | Statutory precondition to judgment (condo) or suit (HOA) |
The notices are not interchangeable and the periods are not concurrent. An association that sends the lien notice on day one and the foreclosure notice on day two, then files on day 46, has not complied. Our collection notices guide reproduces the statutory language.
Stage two: the claim of lien
The claim of lien is a short recorded instrument, signed by an officer or authorized agent, that must state the description of the unit or parcel, the name of the record owner, the name and address of the association, the amount due, and the due dates. For a condominium it secures not only the amounts stated but all assessments that come due after recording and before entry of a final judgment, together with interest, late fees, costs, and reasonable attorney's fees. It is recorded in the official records of the county and, for a condominium, is valid for one year after recording unless a foreclosure action is filed within that year. Associations that record liens and then wait lose them; the lien must be either foreclosed or re-recorded (after fresh notices) before the year ends.
The lien's priority matters more than its amount. A condominium lien relates back to the recording of the declaration, making it senior to every later interest except a first mortgage recorded before the claim of lien and before the delinquency, and tax liens. A homeowners association lien follows the declaration and Chapter 720 and is generally treated the same way. Condominium fines can never be included; homeowners association fines of $1,000 or more may be.
Stage three: the complaint
The foreclosure is filed in the circuit court of the county where the property is located. The complaint attaches the declaration (or the relevant pages), the claim of lien, and the account ledger, and names the owner, junior lienholders, tenants, and unknown parties in possession. A notice of lis pendens is recorded the same day so that anyone dealing with the property has notice of the suit. Defendants are served and have 20 days to respond. Many owners default; those who answer usually attack the notices, the ledger, or the association's standing, which is why the file is assembled before filing, with affidavits of mailing for every notice.
A homeowners association parcel owner has a statutory tool at this stage: the qualifying offer under section 720.3085(6). At any time before the entry of a foreclosure judgment, the owner may serve on the association's attorney a written, notarized offer, signed by all owners of the parcel, to pay all amounts secured by the lien, plus fees and costs, by a date no more than 60 days after service (and at least 30 days before trial). Service of the offer stays the foreclosure until that date. If the owner pays, the case is dismissed; if the owner does not, the stay lifts and the association proceeds to judgment for the amount stated in the offer plus its additional fees. Chapter 718 has no equivalent for condominiums, though settlements on similar terms are common.
The association may also plead a count for a money judgment against the owner personally. Doing so does not waive the lien and preserves a remedy against the owner's other assets when the unit has no equity.
Stage four: judgment and sale
Uncontested cases move to summary judgment on the association's affidavits, typically within three to five months of filing. The final judgment fixes the amount due, including fees and costs, and orders the clerk to sell the property at public sale on a date not less than 20 nor more than 35 days after the judgment, or later if the association consents. Where the sale is held depends on the county. Charlotte County has conducted its foreclosure sales online since January 2009. Lee County conducts them online, with occasional in-person sales. Collier County still conducts them in person at the Main Courthouse in Naples. Clerks change these procedures, so confirm the venue for a particular sale with the clerk's office before the sale date rather than relying on a published description. The association may bid up to the amount of its judgment without paying cash (a credit bid); third parties bid cash.
The owner's right of redemption continues until the clerk files the certificate of sale: by paying the full judgment amount before then, the owner keeps the property and the case ends. After the sale, any party may object within ten days; if no objection is sustained the clerk issues the certificate of title, and ownership passes. Sale proceeds pay the association's judgment first, then junior lienholders, and any surplus goes to the former owner.
Stage five: after title
If a third party bought, the association is paid and the file closes. If the association was the high bidder, it owns the unit subject to any first mortgage and to taxes. It may rent the unit and apply the rent to the delinquency and its carrying costs, sell the unit, or hold it while the lender's foreclosure, if one is pending, proceeds. It becomes responsible for the unit's own assessments, insurance, and compliance with the landlord-tenant act if it rents. The former owner remains personally liable for any deficiency, which the association may pursue if it obtained a money judgment.
The parallel lender foreclosure
Delinquent owners are often behind on the mortgage too. The lender's foreclosure names the association as a junior lienholder; the association appears, monitors, and claims the safe-harbor amount (the lesser of 12 months of assessments or one percent of the original mortgage debt) when the lender takes title. Nothing prevents the association from foreclosing its own lien first: it acquires title subject to the mortgage and collects rent while the lender's case proceeds. Whether to do so is an economic decision made unit by unit; if the lender is diligently prosecuting its case, the association may not have enough time to lease the unit and recover the cost of its own foreclosure through rent.
Bankruptcy
A bankruptcy petition stays the foreclosure instantly. The association must stop all collection activity, file a proof of claim, and either seek relief from the stay or wait for the case to conclude. Assessments coming due after the petition remain the owner's personal obligation for as long as the owner holds title, and the lien survives the discharge unless the court avoids it. Managers should forward every bankruptcy notice to counsel the day it arrives.
Timeline summary
For an uncontested condominium case: 30 days for the late-assessment notice; 45 days after the lien notice; recording; 45 days after the foreclosure notice; filing; roughly 20 days for service and response; two to four months to summary judgment; 20 to 35 days to sale; 10 days to certificate of title. Six to nine months in all, longer if the owner contests or files bankruptcy, or, in a homeowners association, serves a qualifying offer.
Frequently Asked Questions About Claims of Lien and Foreclosure
What does a claim of lien have to say?
The description of the unit or parcel, the record owner's name, the association's name and address, the amount due, and the due dates, signed by an officer or authorized agent. A condominium lien also secures assessments that come due after recording. Errors in the description or amounts are grounds for challenge, so the ledger is reconciled before recording.
How long is a claim of lien good for?
A condominium claim of lien is valid for one year after recording unless a foreclosure action is filed within that year. Homeowners association liens are governed by the declaration and Chapter 720, which does not contain the same one-year rule; counsel should confirm the duration for a particular association.
Can the owner stop the foreclosure by paying?
Yes, at any time before the clerk files the certificate of sale, by paying the full amount due, including interest, late fees, costs, and attorney's fees. A homeowners association parcel owner may also serve a notarized qualifying offer under section 720.3085(6) that stays the case for up to 60 days while payment is arranged.
Does the association have to bid at the sale?
No. The association may let third parties bid and take payment from the proceeds. It may credit-bid up to its judgment if it wants the unit, typically when the unit has rental value or little mortgage debt. The decision should be made before the sale based on the mortgage balance, taxes, and rental market.
What about the first mortgage?
The association's lien is junior to a first mortgage recorded before the lien and the delinquency. Title acquired by the association at its own sale is subject to that mortgage. If the lender forecloses, the association recovers the safe-harbor amount for pre-title assessments and full assessments afterward.
Can we add our attorney's fees to the lien?
Yes, provided the 30-day notice of late assessment was sent first. Reasonable attorney's fees and costs incurred in collection and foreclosure are secured by the lien and included in the judgment, and under the statutory order of application they are paid before the assessment principal.
Contact Hamilton Mikes
Hamilton Mikes records claims of lien and prosecutes assessment foreclosures for associations throughout Southwest Florida. Call 239-594-7227 or visit our Lien Foreclosure page.
Statutes and authorities referenced
- § 718.116(5), Fla. Stat. (assessment lien; claim of lien contents; one-year validity; priority)
- § 718.116(6), Fla. Stat. (foreclosure as a mortgage; no judgment until 45 days after notice of intent to foreclose; money judgment)
- § 720.3085(6), Fla. Stat. (HOA qualifying offer: notarized offer to pay within 60 days stays the foreclosure)
- § 718.121(5) and (6), Fla. Stat. (30-day notice of late assessment; 45-day notice of intent to record claim of lien)
- § 720.3085(1), (3)(d), (4), (5), Fla. Stat. (HOA lien; late notice; 45-day pre-lien and pre-foreclosure notices)
- § 720.305(2), Fla. Stat. (HOA fines of $1,000 or more may become liens)
- § 45.031, § 45.0315 and § 45.032, Fla. Stat. (judicial sales; right of redemption; surplus)
- § 48.23, Fla. Stat. (lis pendens)
- 11 U.S.C. § 362 and § 523(a)(16) (automatic stay; post-petition assessments)