Dealing with Delinquent Condo Fees in Florida: Legal Remedies for Associations and Owners

Late assessments can trigger budget shortfalls that jeopardize insurance, building maintenance, and the mandatory reserve studies imposed by Florida condo law after the Surfside collapse. Residents across Broward, Miami‑Dade, and Palm Beach counties now face higher monthly dues and special assessments, so even a small wave of non‑payment of condo fees can drown a community’s finances. 

Boards that act promptly preserve property values; owners who respond early avoid spiraling collection costs. If delinquent accounts threaten your building’s cash flow, the Ferrer Law Group’s team of experienced Florida condo attorneys can design a swift, statute‑compliant strategy.

Request your assessment review today and restore fiscal stability before late condo fees multiply.

Courtesy Reminder and Statutory Demand Letter

Boards usually begin with a cordial statement because missed payments often stem from travel, illness, or simple oversight. Florida requires a thirty‑day written notice before any attorney fees may be added to the ledger, and that letter must state the exact sum owed, identify the governing declaration, and give owners a fair chance to cure. 

Sending notices by certified mail and email provides the proof courts expect while letting owners pay online the moment they read the message. A well‑timed reminder demonstrates the board’s good faith, which judges weigh heavily if litigation follows. Many communities publish an annual collection policy so everyone knows what happens after Day 31, encouraging voluntary compliance. 

Owners who respond quickly can often negotiate forgiveness of late fees, especially when represented by the best lawyers for condo owners who frame a plan that benefits all parties. Written payment‑plan rules let boards accept partial checks without waiving future lien rights. Documenting the date that the first letter went out starts the statutory clock toward stronger remedies. 

When the unit is leased, the notice warns that the association may soon seek direct rent payments from the tenant. Transparent reminders meet Florida HOA laws on fair treatment and accurate accounting and usually resolve the majority of minor delinquencies within two billing cycles.

Claim of Lien

If the account remains unpaid forty‑five days after the intent‑to‑lien warning, the board may record a claim of lien in the county’s official records. The recorded lien secures every penny already owed and every penny that will accrue until judgment, giving the association leverage without filing a lawsuit. Miami‑Dade’s clerk accepts electronic recording, so a skilled condo law attorney can cloud title within hours. 

Because the lien travels with the property, any buyer at closing must satisfy the balance, protecting the association even if the delinquent owner decides to sell. Statutory “safe‑harbor” caps limit first mortgagees’ liability to twelve months of dues or one percent of the mortgage debt, so boards must calculate payoff figures with precision to avoid disputes. 

Owners may contest the amount by filing a Notice of Contest, forcing the association to foreclose within ninety days or lose its claim. Boards must send a copy of the recorded lien to the owner within ten days or they forfeit the right to recover attorney fees, a deadline that seasoned FL condo lawyers track with docket software. Strict fidelity to § 718.116 and § 720.3085 safeguards attorney‑fee recovery and shuts down most procedural defenses .

Foreclosure

When arrears exceed one year of dues or $1,200, an association may foreclose its lien in circuit court, a remedy that threatens ownership rather than mere credit scores. Crowded dockets make early filing essential to prevent reserve‑draining delays. Most owners cure before the sale because few will risk losing a home over a five‑figure balance. 

If a sale proceeds, the association can bid its judgment, then lease the unit to offset losses while preparing a resale. Rental income funds milestone inspections now required statewide and plugs budget gaps caused by the delinquency. Courts dismiss cases when boards miss statutory notices, so a  Florida HOA attorney fluent in procedure is indispensable.

Rent Demand and Suspension of Use Rights

Florida law lets associations redirect rent from tenants in delinquent units, compelling payment directly to the association until the owner’s balance is current. Tenants gain immunity from landlord claims for properly remitted rent, which reduces fear of double liability and encourages compliance. Because investors rely on rental income to meet mortgages, immediate rent loss often drives them to pay quickly or sell. 

Boards issue a certified demand citing § 718.116(11); non‑compliant tenants face eviction, while delinquent owners lose pool, gym, and voting privileges after ninety days past due. Loss of amenities usually motivates faster than late‑fee accrual, and these non‑judicial tools avoid litigation expenses. 

Directors must approve suspensions at a noticed meeting and send written notice, steps courts consistently uphold when the documents are followed. Coordinating with a landlord‑tenant lawyer ensures lease compliance and maximizes recovery without court intervention.

Ferrer Law Group Offers Florida Condo Solutions

Delinquent assessments rarely cure themselves; every month of delay inflates late charges and strains neighbor relations. Ferrer Law Group leverages years of courtroom experience and deep statutory knowledge to craft tailored strategies that recover funds quickly, comply with state mandates, and keep Florida communities solvent—contact us today to secure decisive counsel before unpaid dues threaten your budget.