HOA assessments under FL 720.3085 create a priority lien on the property. Unpaid assessments accrue interest at 18% or the rate set in declarations, and the HOA can foreclose after proper notice. Condo assessments use FL 718.116.
Florida Statute 720.3085 establishes statutory liens for unpaid HOA assessments. Before filing a claim of lien, the HOA must provide 45 days notice by certified mail. Before filing foreclosure, another 45-day notice of intent to foreclose is required. Interest accrues at 18% per annum or the lower rate specified in governing documents. Reasonable attorney fees, late fees up to 25 dollars or 5% of the unpaid installment (whichever is greater), and collection costs are added. Special assessments require proper adoption by the board subject to any membership approval required by the declaration. Condominium assessments under FL 718.116 operate similarly but with the association taking priority for up to 12 months or 1% of the original mortgage value upon mortgage foreclosure. SB 4D also mandates structural integrity reserves for condos 3 stories or taller.
Unpaid assessments: 18% interest, collection fees, potential foreclosure. Improper board adoption of special assessment: members can challenge in court.
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