Under Fla. Stat. § 720.3085, unpaid assessments become a lien on a parcel, and the homeowners' association may foreclose like a mortgage. Before recording the lien the association must send a 45-day written notice by certified and first-class mail, and a second 45-day notice is required before foreclosure can begin.
Section 720.3085 makes assessments a lien securing payment 'from the due date.' Past-due assessments accrue interest at the rate stated in the declaration or, if none, 18 percent simple interest per year. The association may charge an administrative late fee not exceeding the greater of $25 or 5 percent of each past-due installment. Before recording a claim of lien the association must give the owner 45 days' written notice by registered or certified mail (return receipt) and first-class mail; a separate 45-day notice of intent to foreclose is required before suit. Payments are applied first to interest, then late fees, then collection costs and attorney fees, and last to the assessment. A delinquent owner may file a 'qualifying offer' that stays foreclosure up to 60 days.
No criminal penalty. A delinquent owner owes the assessment plus 18% interest (or the declaration's rate), late fees up to $25 or 5% per installment, collection costs, and attorney fees, and ultimately faces judicial foreclosure of the lien and loss of the home after the two required 45-day notices.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Miami Beach, FL
Barking dogs and noisy animals in Miami Beach fall under Miami-Dade County Ordinance 21-28(c), which prohibits animal noise that disturbs the peace of neighb...
Miami Beach, FL
Miami Beach banned all gasoline-powered leaf blowers effective August 1, 2023, after a phased implementation beginning in February 2022. Only electric or bat...
Miami Beach, FL
Miami Beach restricts construction noise by zoning district with different schedules for residential and commercial zones. Residential zones allow constructi...
Miami Beach, FL
Miami Beach addresses aircraft noise through coordination with Miami-Dade Aviation Department and FAA regulations governing operations at Miami International...
Miami Beach, FL
Commercial vehicle parking in Miami Beach residential areas is regulated by Miami-Dade County Code Section 33-124.1. No more than two Category 1 commercial v...
Miami Beach, FL
Miami Beach enforces a maximum of 10 domestic pets per household with no more than four dogs. Animal hoarding situations are addressed through Code Complianc...
Side-by-side rule comparisons with other cities in Miami-Dade County.
See how Miami Beach's assessment & dues rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.