Florida Statute Chapter 720 governs HOA assessments. Before placing a lien for unpaid assessments, the association must send a written demand granting at least 45 days to pay. The association may file a lien in the county recorder's office and pursue judicial foreclosure for unpaid assessments.
Under Florida Statute Section 720.3085, a property owners' association has a lien on each parcel for unpaid assessments, plus interest, late charges, and costs of collection. Before recording a claim of lien, the association must give the owner at least 45 days written notice by first-class mail (or hand delivery) of the total amount due, including any fees, interest, and collection costs. The notice must include a description of the property and a statement that the association may record a lien against the property if payment is not received. The association may charge interest on delinquent assessments at the rate stated in the governing documents (not to exceed 18% per annum). Late fees are limited to the greater of $25 or 5% of the delinquent assessment. The association may foreclose a lien through judicial foreclosure proceedings in circuit court. Special assessments may be levied by the board without member vote unless the governing documents require otherwise. The annual budget must be provided to members at least 14 days before the budget meeting. Jacksonville Duval County Clerk of Court records HOA liens.
Delinquent assessments: interest up to 18% per annum, late fees (greater of $25 or 5%). Lien filing after 45-day notice. Judicial foreclosure proceedings.
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