The Statutory Notice Sequence for Florida Assessment Liens

Every Florida association that wants to collect a delinquent account must send a notice of late assessment before it can charge the owner a dollar of attorney’s fees, and then two more statutory notices before it can record a lien and foreclose it. The sequence is short, the deadlines are fixed, and a defective step at any point costs the association its fees or its lien. This page walks through the five steps under the Condominium Act (§ 718.121 and § 718.116) and the Homeowners’ Association Act (§ 720.3085), current through the 2026 Florida Statutes.

For the full menu of remedies, including rent demand and suspension of use rights, see our companion article on Association Remedies for Unpaid Assessments.

Free download for boards and managers: a two-page, printable checklist that walks each delinquent account through all five steps, with the statutory citations, mail methods, and deadline blanks for each notice.

Why the Notice Sequence Matters

Until 2021 the pre-lien and pre-foreclosure notice periods were 30 days. The Legislature lengthened both to 45 days and added the notice of late assessment as a mandatory first step, so an association operating from an older collection template is very likely running the wrong sequence. Courts treat these notices as conditions precedent: the association that skips one does not get to cure it mid-suit, and an owner’s motion to dismiss or motion to strike the fee claim will usually succeed. The sequence is the same for condominiums and HOAs, with the statutory sections noted at each step.

Step 1: Notice of Late Assessment (30 Days)

The notice of late assessment is the gatekeeper for attorney’s fees. Neither Act allows an association to require payment of attorney’s fees related to a past-due assessment unless it first delivers this written notice, which must state the amount owed and give the owner an opportunity to pay it without fees. § 718.121(5); § 720.3085(3)(d). The notice goes by first-class mail to the owner’s last address in the association’s records and, if that is not the unit or parcel address, to the unit or parcel as well. Notice is deemed delivered on mailing, and a sworn affidavit from a board member, officer, manager, or agent creates a rebuttable presumption that it was properly sent.

The owner has 30 days from the notice of late assessment to pay.

Both statutes prescribe the form. It itemizes maintenance due, late fees, interest, and the total outstanding, and it must be used substantially as written. A management-company dunning letter that omits the itemization or the 30-day language is not a notice of late assessment, and the fees that follow it are not recoverable.

Step 2: Notice of Intent to Record a Claim of Lien (45 Days)

Once the 30 days have run without payment, the association may send the notice of intent to record a claim of lien. § 718.121(6); § 720.3085(4). This one requires belt and suspenders: registered or certified mail, return receipt requested, and first-class mail, each to the owner’s last address of record and to the unit or parcel address if different. The owner then has 45 days from the date the notice is deposited in the mail to pay everything due, which by this point includes the attorney’s fees and actual costs of preparing and delivering the demand. The prescribed form itemizes maintenance, late fees, interest, certified-mail charges, and other costs. No lien may be recorded until the 45 days expire.

Step 3: Recording the Claim of Lien

The claim of lien is recorded in the official records of the county where the property sits. It must identify the unit or parcel, the record owner, the association’s name and address, the amount due, and the due date, and it secures assessments and charges that accrue after recording as well as before. § 718.116(5); § 720.3085(1). Two clocks start on recording. A condominium claim of lien is void one year after recording unless an action to enforce it has been filed. § 718.116(5)(b). An HOA lien has no fixed expiration, but the owner can record a notice of contest of lien, after which the association has 90 days to sue or the lien is void. § 720.3085(1)(b).

Step 4: Notice of Intent to Foreclose (45 Days)

Recording the lien does not authorize foreclosure. The association must first give the owner written notice of its intent to foreclose and then wait another 45 days. For condominiums, the notice goes by certified or registered mail, return receipt requested, or by personal delivery, to the owner’s last known address, and no foreclosure judgment may be entered until the 45 days have passed. § 718.116(6)(b). For HOAs, the foreclosure action may not be brought until 45 days after the owner has been provided the notice. § 720.3085(5).

This is the notice most often sent too early: it cannot be combined with the notice of intent to lien, and the 45 days do not begin to run until the lien is actually of record.

Step 5: Foreclosure and Money Judgment

With all four notices behind it, the association may foreclose the lien in the same manner as a mortgage and may also sue for a money judgment against the owner without waiving the lien. § 718.116(6)(a); § 720.3085(1)(c). Reasonable attorney’s fees, costs, interest, and late charges are recoverable. HOA owners have one last statutory tool: a qualifying offer to pay all amounts due, which stays the foreclosure for up to 60 days. § 720.3085(6). Before filing, the association should run title, because a first mortgage recorded before the claim of lien has priority and a foreclosure into a property with no equity above the mortgage yields a deed, not payment.

Practice Points on the Notice of Late Assessment Sequence

Calendar each step from the mailing date, not the date the owner signs for the letter, and never let the steps overlap. Send every notice to both addresses the statute names, keep the certified-mail receipts and a mailing affidavit in the file, and use the statutory forms verbatim. If the file came from a prior manager or law firm, do not assume the earlier notices were done correctly; restarting the sequence costs 75 days, while defending a fee challenge or a dismissed foreclosure costs far more.

Cox Law, PLLC represents condominium and homeowners’ associations, and the owners on the other side of these notices, throughout the Tampa Bay area. If you have a delinquent account or have received a notice of late assessment, contact us.

This article is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Statutory citations are to the 2026 Florida Statutes as published by the Florida Legislature; consult counsel regarding your specific situation.