Florida HOA Collections & Dues Guide

Key Points

• Florida law provides detailed statutory rules for HOA assessments, collections, liens, and foreclosure.
• Associations must strictly follow notice and timing requirements before charging fees, filing liens, or foreclosing.
• Boards have strong collection tools, but homeowners are protected by mandatory due-process steps.

Official Statutes & References

• Florida Homeowners’ Association Act (Chapter 720)
• Florida HOA Assessments & Liens (720.3085)
• Florida Condominium Act (Chapter 718)
• Florida Not For Profit Corporation Act (Chapter 617)

Process Timeline

1. Assessment Becomes Due (Day 0): Regular dues or special assessments are levied pursuant to the governing documents and adopted budget.
2. Delinquency Begins (Day 1–30): If payment is not received by the due date, the account becomes delinquent.
3. Late Fees & Interest (After due date): Late fees and interest may be applied if authorized by statute and governing documents.
4. Intent to Lien Notice (45+ days before lien): HOA must send a written notice of intent to record a lien at least 45 days before filing.
5. Lien Recorded (After notice period): HOA may record a claim of lien against the parcel for unpaid assessments.
6. Intent to Foreclose Notice (45+ days before foreclosure): Separate notice of intent to foreclose must be sent at least 45 days before foreclosure.
7. Foreclosure (After lien + notices): HOA may foreclose the lien if statutory and document requirements are met.

Requirements

Authority to Levy Dues

• Authority must exist in the declaration and bylaws
• Annual budgets establish regular assessments
• Special assessments must follow statutory and document procedures

Notice Requirements

• Written notice of delinquency
• 45-day notice of intent to lien
• Separate 45-day notice of intent to foreclose

Fees, Interest, and Costs

• Late fees capped by statute
• Interest rates limited by governing documents and law
• Attorney fees and collection costs recoverable if compliant with statute

Foreclosure Rules

• Foreclosure permitted for unpaid assessments
• Fines alone generally cannot be foreclosed
• Strict compliance with notice and timing requirements is mandatory

Frequently Asked Questions

Can a Florida HOA charge late fees and interest?

Yes. Florida law permits late fees and interest, but they are subject to statutory caps and must be authorized by the governing documents.

How much notice is required before an HOA files a lien?

Florida law requires at least 45 days’ written notice of intent to lien before recording a lien.

Can an HOA foreclose for unpaid dues?

Yes, but only after recording a lien and sending a separate 45-day notice of intent to foreclose.

Can fines be the basis for foreclosure?

Generally no. Fines alone cannot typically support foreclosure under Florida HOA law.