HOAs in Delray Beach levy assessments under FL 720.3085. Unpaid assessments create a lien senior to most liens except first mortgages and tax liens. 45-day notice of intent to lien and 45-day notice of intent to foreclose required.
FL 720.3085 authorizes HOAs to collect regular and special assessments, late fees up to 25 dollars or 5 percent (whichever is greater), and 18 percent annual interest on unpaid balances. A claim of lien may be filed after notice and recorded in Palm Beach County. Associations must send pre-lien notice giving 45 days to pay before filing, and separate 45-day pre-foreclosure notice. First mortgages have priority but banks foreclosing owe up to 12 months of back dues or 1 percent of mortgage (safe harbor under FL 720.3085(2)(c)).
Associations that miss statutory notice steps can lose lien priority. Attorney-fee shifting applies under FL 720.305.
See how other cities in Palm Beach County handle assessment & dues.
See how Delray Beach's assessment & dues rules stack up against other locations.
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