Unpaid assessments jeopardize reserve planning, insurance premiums, and curb appeal. Ferrer Law Group helps boards wield Florida condo law to secure every dollar owed before cash-flow gaps force emergency dues hikes. The law creates an automatic lien the moment a fee is late and authorizes mortgage-style foreclosure when owners ignore warnings. Because those rights vanish if deadlines are missed, boards across Weston, Miami-Dade, and Palm Beach call our top-rated Florida condo attorneys early—schedule a strategy session today and keep roofs, pools, and security patrols fully funded.
Automatic Liens
The statutory lien attaches instantly to the unit or lot, covering assessments, late fees, interest, and all reasonable legal fees. It also survives a title transfer, making a buyer liable for what the prior owner owed. The well-known “safe harbor” rule limits a first-mortgagee’s liability to 12 months of dues or 1 percent of the original debt, so boards must calculate balances precisely before settlement. Proper lien accounting lets skilled FL condo lawyers collect without overcharging and shields the association from lender lawsuits
Notice Deadlines
Florida’s 2021 revisions to assessment-collection law require a precise three-step notice ladder before a board may shift legal fees to a delinquent owner.
- 30-Day Notice of Late Assessment – a fee-free grace window explaining the balance, interest rate, and cure options.
- 45-Day Intent to Record Lien – certified mail with a sworn ledger, director’s signature, and explicit payoff instructions.
- 45-Day Intent to Foreclose – certified mail warning that circuit-court action will commence on day forty-six if payment remains outstanding.
Skip, shorten, or improperly mail any notice and the association permanently loses the right to recoup attorney’s fees, forcing compliant neighbors to absorb collection costs. Working with a condo law attorney guarantees envelopes, ledgers, and tracking numbers satisfy every statutory detail, preserving leverage and encouraging prompt payment while safeguarding the community’s operating budget. Strict compliance also narrows defenses in court and accelerates the association’s path to full recovery.
Recording the Lien
After the two notice periods expire, the association records a Claim of Lien in county records. The document must list the legal description, exact payoff (with per-diem interest), and association address. Recording starts a one-year clock; filing foreclosure pauses it. Precision here shields directors from fiduciary-breach allegations and satisfies clerks in specific jurisdictions.
Foreclosure Process
Assessment liens are foreclosed like mortgages in circuit court. The complaint seeks judgment, attorney fees, interest, and, if rented, appointment of a receiver to collect rent. Owners often argue defective notice or the safe-harbor cap, but detailed ledgers and certified-mail receipts persuade judges to enter summary judgment. Section 720.3085 even allows boards to pursue a money judgment alongside foreclosure, preserving in-personam collection options. Courts in Weston and Coral Springs routinely grant fee awards when associations follow the statute—a point that will be emphasized during settlement talks.
Interim Remedies
Section 718.116(6) empowers courts to sequester rent from tenants or require occupying owners to pay assessments into the registry. These interim tools keep cash flowing so landscaping contracts, pool chemicals, and elevator insurance stay current while foreclosure winds through court. When boards leverage rent interception, delinquent owners often sign payment plans rather than risk eviction—saving time and litigation expense for both association and lawyers for condo owners.
Policy Best Practices
House Bill 1203, effective July 1, 2024, forces HOAs with 100+ homes to post budgets, meeting notices, and pending fines online, reinforcing transparency statewide.Adopting clear internal rules aligns with Florida HOA laws and reduces defenses:
- 15-Day Friendly Reminder—email plus ledger.
- Formal Notices—30- and 45-day letters by certified mail.
- Payment Plan—max 12 months; two missed installments trigger foreclosure.
- Uniform Enforcement—apply to all lots to avoid selective-enforcement claims under legal scrutiny.
Publishing the policy online—a new HB 1203 mandate—builds owner trust and supports arguments that the board acted consistently and fairly.
Board Risk
Directors who delay may face breach-of-fiduciary claims when reserves drop or roofs leak. Prompt action preserves property values, lowers borrowing costs, and demonstrates compliance with legal expectations. Engaging counsel early protects the board; an experienced lawyer ensures ledgers reconcile, notices track postage, and liens record before statute-of-limitations pitfalls appear.
Call Miami-Dade Dues Defense Attorneys
Consistent, statute-compliant collections prevent special assessments, protect resale prices, and maintain peace among neighbors. Ferrer Law Group crafts notice timelines, perfects liens, and prosecutes foreclosure from Weston through Miami-Dade—recovering every penny Florida law allows. Restore your budget and avoid costly missteps—contact us today
