Assessment Liens in Florida
An assessment lien is a lien that automatically attaches to a Florida property when the owner fails to pay community association assessments. Both HOAs (Chapter 720) and condominium associations (Chapter 718) have statutory authority to lien and foreclose for unpaid assessments.
Lien Creation and Recording
Florida assessment liens arise automatically when assessments become delinquent, but the association must record a claim of lien in the county official records to perfect the lien and establish priority. The claim of lien must include the property description, the amount owed, and the due dates. The association must send the owner a notice of intent to lien at least 45 days before recording under HOA rules (Section 720.3085).
Foreclosure and Priority
Florida associations can foreclose assessment liens through judicial proceedings. The lien has priority over most junior encumbrances but has limited priority against first mortgages. In condominium foreclosures, the first mortgagee's liability is capped at 12 months of assessments or 1% of the mortgage amount. This priority structure means associations should act promptly to collect delinquent assessments before the amounts grow beyond recoverable limits.
Related Terms
Barnes Walker Real Estate
Barnes Walker handles assessment lien enforcement for community associations throughout Southwest Florida. Contact us for association collection guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC