What Is a Florida HOA Assessment Lien?

The lien generally relates back to the date the original declaration of the community was recorded. As to first mortgages of record, the lien is effective only after a claim of lien is recorded in the county's public records. A claim of lien secures unpaid assessments plus interest, late charges and reasonable collection costs and attorney fees.

The association may not require payment of attorney fees on a past due assessment without first sending a written notice of late assessment that gives the owner a chance to pay without those fees. A notice of intent to record a claim of lien gives the owner 45 days to pay, and a foreclosure action may not be brought until 45 days after a separate notice of intent to foreclose.

An owner may record a notice of contest of lien. After the clerk serves it, the association has 90 days to file an action to enforce the lien or the lien is void, extended for a bankruptcy stay. An owner who has been sued may in some cases file one qualifying offer to pay the full amount, which stays the foreclosure for up to 60 days.

A new owner is jointly and severally liable with the previous owner for unpaid assessments due at transfer of title. A first mortgagee that acquires title by foreclosure has limited liability for earlier assessments if it initially joined the association as a defendant. Amounts owed at a sale are shown on a Florida HOA estoppel certificate.