Florida statute reference · F.S. § 720.3085
§ 720.3085 - HOA Assessments, Lien & Collection
Section 720.3085 is the financial enforcement backbone of the Florida HOA Act. It establishes when assessments are delinquent, how the HOA lien arises and is perfected, what interest and fees can be charged, and how the HOA can pursue collection through litigation and foreclosure. For CAMs managing delinquent accounts, this is the section you will reference most.
Reviewed by the Common Elements editorial team, which includes a Florida-licensed community association manager (LCAM) and insurance broker - Florida Licensed Community Association Manager, 2-20 & 6-20.
Note: Estoppel certificates for Florida HOAs are governed by a separate section — § 720.30851. That section covers the 10-business-day delivery requirement, fee caps, and buyer protections for undisclosed amounts.
Key requirements
Assessment delinquency
§ 720.3085(1)- Assessments due on date stated in governing documents
- If not specified: due on first day of assessment period
- Delinquent after the grace period set by governing documents (typically 30 days)
- Interest begins accruing from the due date, not from when delinquency is declared
HOA lien: perfection and priority
§ 720.3085(2)- HOA must record a claim of lien in public records to enforce by foreclosure
- Lien covers unpaid assessments, interest, late fees, attorney's fees, and costs
- Priority: subordinate to first mortgage recorded before the claim of lien
- Priority: superior to subsequent mortgages and other liens recorded after the claim
- Note: HOA lien is NOT a super-lien (unlike some states) — first mortgage priority is protected
Interest and fees
§ 720.3085(3), (6)- Interest cap: 18% per year on delinquent assessments
- Late fees allowed if provided in governing documents
- Attorney's fees and costs of collection added to the delinquent account
- Prevailing party in collection litigation recovers attorney's fees
Collection and foreclosure
§ 720.3085(2)(c), (5)- Foreclosure is a judicial proceeding (same as mortgage foreclosure)
- HOA cannot foreclose for fines alone — only for assessments
- Homestead protections apply and affect foreclosure process
- First mortgagee safe harbor: liability capped at lesser of 1% of mortgage amount or 12 months of assessments
Common questions about § 720.3085
- When does a Florida HOA assessment become delinquent under § 720.3085?
- Section 720.3085(1) provides that assessments are due on the date stated in the governing documents. If the governing documents do not specify a due date, assessments are due on the first day of the assessment period (typically January 1 for an annual assessment or the first day of each quarter for quarterly billing). An assessment is delinquent if not paid within the time period set by the governing documents — typically 30 days after the due date, though this varies by community.
- What interest rate can a Florida HOA charge on delinquent assessments?
- Section 720.3085(3) caps interest on delinquent assessments at 18% per year — the same cap as for condo associations under § 718.116. Interest accrues from the due date. Additionally, the governing documents may provide for late fees (typically $25–$50 per payment period), attorney's fees, and costs of collection, all of which may be added to the delinquent account and become part of the HOA's lien. Attorney's fees incurred in collection are recoverable by the prevailing party under § 720.3085(6).
- How does the Florida HOA lien work under § 720.3085?
- Section 720.3085(2)(a) gives the HOA a lien on each parcel for any unpaid assessments, interest, late fees, fines, and reasonable attorney's fees and costs. Unlike a condo lien under § 718.116, the HOA lien does not arise automatically — the HOA must record a claim of lien in the public records before it can be enforced by foreclosure. The lien has priority over all other liens except governmental tax liens, first mortgages recorded prior to the claim of lien, and first mortgages that record after the claim of lien but within a reasonable time.
- Can a Florida HOA foreclose on a parcel for unpaid assessments?
- Yes, subject to important limitations. Section 720.3085(5) allows the HOA to foreclose its lien in the same manner as a mortgage foreclosure under Florida law (judicial proceeding). However, there are significant limitations: the HOA cannot foreclose on a parcel for an unpaid fine alone (fines are not assessments for lien purposes). Additionally, Florida homestead protection applies — the HOA can obtain a lien on a homestead parcel, but homestead is a constitutional protection that affects the foreclosure process and any subsequent sale. Consult counsel before initiating foreclosure.
- What happens when a parcel is sold while HOA assessments are delinquent?
- Section 720.3085(2)(b) provides that an HOA lien is subordinate to a first mortgage recorded prior to the claim of lien. When a bank forecloses a first mortgage and takes title, the bank is not personally liable for past-due HOA assessments — but the delinquency does not disappear; it remains as a personal obligation of the prior owner. The acquiring buyer at foreclosure takes subject to any HOA lien recorded before the mortgage foreclosure sale. This is different from the condo super-lien that applies to up to 12 months of condo assessments under § 718.116.
- What is the safe harbor for first mortgagees acquiring title through foreclosure?
- Section 720.3085(2)(c) provides a safe harbor for first mortgagees acquiring title through foreclosure or deed-in-lieu. The acquirer is not personally liable for delinquent assessments more than 1% of the original mortgage amount OR 12 months of regular assessments — whichever is less. This safe harbor caps the HOA's ability to collect past-due amounts from a bank that takes title, but it does not eliminate the ability to collect from the prior owner as a personal obligation.
Related tools
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This is not legal advice. Consult association counsel for your specific situation. Collection and foreclosure require legal guidance — do not proceed without an attorney.