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Florida HOA Liens and Foreclosure Process
Short answer: Under Florida law as of September 23, 2026, an HOA must mail a written notice giving 30 days to pay before it may demand attorney fees on a past-due assessment (Fla. Stat. § 720.3085(3)(d)). It must give a 45-day notice before recording a lien, and a further 45-day notice of intent before it starts a foreclosure (Fla. Stat. § 720.3085(4), (5)). Condominium associations follow similar steps in different sections (Fla. Stat. §§ 718.121(5)-(6), 718.116(6)). Exceptions apply, so read the details below.
Last checked: September 23, 2026. Covers: Florida Chapter 720 (HOAs) and Chapter 718 (condominiums). DBPR rules, court decisions, local rules and cooperatives or timeshares were not reviewed.
HOA and condo at a glance
| Step | HOA (ch. 720) | Condominium (ch. 718) |
|---|---|---|
| Late-assessment notice before attorney fees | 30 days to pay (§ 720.3085(3)(d)) | 30 days to pay (§ 718.121(5)) |
| Notice before a lien | 45 days (§ 720.3085(4)) | 45 days (§ 718.121(6)) |
| Notice before foreclosure | 45 days after notice of intent (§ 720.3085(5)) | 45 days before a judgment may be entered (§ 718.116(6)(b)) |
| Fines and liens | A fine under $1,000 cannot become a lien (§ 720.305(2)) | A fine cannot become a lien (§ 718.303(3)) |
| Lien lapse | We did not find one in § 720.3085, apart from the 90 days after a notice of contest ((1)(b)); other Florida limitation laws were not reviewed | 1 year after recording unless suit is filed (§ 718.116(5)(b)) |
What is the first notice, and what does it do?
Before an HOA may require payment of attorney fees on a past-due assessment, it must mail a written “notice of late assessment” giving 30 days to pay. It goes by first-class mail to the owner’s last address. A sworn affidavit of mailing creates a rebuttable presumption that notice was given (Fla. Stat. § 720.3085(3)(d)). In a condominium, the same 30-day late-assessment notice is required before an attorney-fee demand, and the rule sits in § 718.121(5).
What must an HOA do before recording a lien?
The statute gives an HOA a lien “when authorized by the governing documents” (Fla. Stat. § 720.3085(1)). Before recording a claim of lien, the HOA must send a written notice or demand giving 45 days from the date the notice is mailed to pay everything due. It goes by registered or certified mail, return receipt requested, and by first-class mail (§ 720.3085(4)).
A recorded lien relates back to the recording of the original declaration, but as to first mortgages of record it is effective only from the recording of the claim of lien (§ 720.3085(1)). An owner may record a notice of contest of lien, and the association then has 90 days to sue or the lien is void (§ 720.3085(1)(b)).
What must an HOA do before starting a foreclosure?
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” (Fla. Stat. § 720.3085(5)). The notice is sent the same way as the lien notice, and it may not be provided until the 45 days in the lien notice have passed. The time limits in that subsection do not apply if the parcel is in another party’s foreclosure or forced sale, or an owner is in bankruptcy (§ 720.3085(5)(b)).
An HOA may foreclose like a mortgage, or sue for a money judgment without giving up its lien (Fla. Stat. § 720.3085(5)). If conditions the statute lists are met, an owner may file one “qualifying offer” before judgment: a notarized offer, signed by all owners and any homestead spouse, to pay the full amount owed plus amounts that accrue meanwhile. It stays the foreclosure for the period stated in the offer, up to 60 days, and limits added legal fees (§ 720.3085(6)). See can an HOA foreclose on your home.
How do the condo rules differ?
The condo notices sit in Fla. Stat. § 718.121(5)-(6), which is easy to miss. Except as Chapter 718 otherwise provides, no lien may be filed until 45 days after a notice of intent has been delivered by registered or certified mail and by first-class mail (§ 718.121(6)). No foreclosure judgment may be entered until at least 45 days after written notice of intent to foreclose. If the notice was not given 45 days before filing and the owner pays before final judgment, the association cannot recover attorney fees or costs (Fla. Stat. § 718.116(6)(b)). The requirement is treated as met if the owner records a notice of contest of lien, and it does not apply in some cases where a mortgage foreclosure is pending.
The condo 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” (Fla. Stat. § 718.116(5)(b)). It is extended for bankruptcy stays.
Can a fine become a lien?
For an HOA, “a fine of less than $1,000 may not become a lien against a parcel” (Fla. Stat. § 720.305(2)). For a condominium, a fine may not become a lien against a unit, whatever the amount (Fla. Stat. § 718.303(3)). See Florida HOA fines and hearings and what happens if you don’t pay an HOA fine.
What about interest, late fees and how payments are applied?
Interest is charged at the rate in the declaration (in an HOA, the declaration or bylaws) or, if none is provided, 18 percent per year simple interest (Fla. Stat. §§ 720.3085(3), 718.116(3)). An administrative late fee is allowed only if the governing documents provide for it, up to the greater of $25 or 5 percent of the installment (§§ 720.3085(3)(a), 718.116(3)). Payments are applied first to interest, then to any late fee, then to collection costs and attorney fees, and last to the delinquent assessment (§§ 720.3085(3)(b), 718.116(3)).
An HOA owner may ask in writing for a detailed accounting of the amounts owed, and the association must respond within 15 business days. An owner may request one every 90 days (Fla. Stat. § 720.303(14)). See what happens if you don’t pay HOA fees.
Can an association suspend rights for unpaid amounts?
In an HOA, a member more than 90 days delinquent in any fee, fine or monetary obligation may have common-area use rights and voting rights suspended without a hearing, if approved at a noticed board meeting. A suspension may not prohibit ingress and egress, including parking (Fla. Stat. § 720.305(3)-(5)). In a condominium, an association may suspend voting rights for a monetary obligation that is more than $1,000 and more than 90 days delinquent, with proof 30 days before the suspension and notice 90 days before an election (Fla. Stat. § 718.303(5)).
What to do next
- Read every notice when it arrives, and keep every envelope and return receipt.
- Ask the association for an itemized accounting.
- Compare each date to the 30-day and 45-day periods.
- If you can pay part or all, ask the board in writing whether it will accept a plan.
- Talk to a Florida community association attorney before any lien or foreclosure step.
Common questions
Can a Florida HOA foreclose on your home? It may foreclose like a mortgage, but not until the notices above are given, subject to statutory exceptions (Fla. Stat. § 720.3085(5)).
How long does a Florida condo lien last? It is not effective 1 year after recording unless suit is filed within that time (Fla. Stat. § 718.116(5)).
Can an HOA fine become a lien in Florida? A fine under $1,000 may not. Condo fines may not become a lien at all (Fla. Stat. §§ 720.305(2), 718.303(3)).
Sources
Checked September 23, 2026 (2026 Florida Statutes):
- Fla. Stat. §§ 720.303, 720.305, 720.3085: https://www.flsenate.gov/laws/statutes/2026/720.3085 (change the last number for each section)
- Fla. Stat. §§ 718.116, 718.121, 718.303: https://www.flsenate.gov/laws/statutes/2026/718.116 (change the last number for each section)
Important notice
Fycus is not a law firm and does not provide legal advice. Association law varies by state and by each community’s governing documents. Consult a licensed attorney for guidance specific to your association.
This page is general information, was written from official statute text as of September 23, 2026, and has not been reviewed by an attorney. Laws change; check the current text before you rely on it.
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