# Florida HOA Assessment Liens: Notice, Interest, and Fee Caps (2026)

> Under Florida Statutes 720.3085, an HOA has to give two separate 45-day notices before it can take a home: a written notice of intent to record a lien that gives the owner 45 days to pay, and then a separate notice of intent to foreclose that gives another 45 days. The statute also caps the costs. Interest on a delinquent assessment runs at 18 percent per year if the declaration or bylaws do not set a rate, and an administrative late fee cannot exceed the greater of $25 or 5 percent of the late installment. A payment that comes in is applied first to interest, then to the late fee, then to costs and attorney fees, and last to the assessment itself. For a buyer, the delinquency rate and collection pattern in the packet are signals of the association's financial health.

_Source: https://hoanotes.com/hoa/florida/assessment-liens/ | Last reviewed 2026-06-03_

## What the law requires before a lien

An HOA cannot record a lien or foreclose the moment a payment is late. Florida Statutes 720.3085 builds in two 45-day steps. First, a written notice of intent to record a claim of lien gives the owner 45 days to pay all amounts due. Then, before filing a foreclosure action, a separate notice of intent to foreclose gives the owner another 45 days.

The statute also caps the money. If the declaration or bylaws do not set an interest rate, interest on a delinquent assessment accrues at 18 percent per year. An administrative late fee cannot exceed the greater of $25 or 5 percent of the installment that is late. And any payment the association accepts is applied in a fixed order: interest first, then the late fee, then costs and reasonable attorney fees, and the delinquent assessment last. Separately, a fine under $1,000 cannot become a lien at all.

## Why a buyer should care

The notice rules protect you if you ever fall behind, but their bigger value to a buyer is what the collection picture reveals. A high delinquency rate, visible in the financial statements, means owners are not paying, which strains the budget and raises the odds of a special assessment that would land on you. A pattern of liens in the minutes tells you how the board handles collections.

## What to check in the disclosure packet

Read these together before you make an offer:

- The delinquency rate in the financial statements, since high delinquency signals financial stress and special-assessment risk.
- The collection policy for interest rates and late fees, and whether they stay within the 18 percent and the $25-or-5-percent caps.
- Recent board minutes for liens recorded, foreclosures, or written-off assessments.
- Any rule that claims a lien can attach immediately or for a small fine, which conflicts with the statute.

## Why this matters to your offer

A financially fragile association with high delinquency is a special-assessment and governance risk, and that risk transfers to you at closing. The collection rules also protect you directly if a billing dispute comes up after you move in.

An HOA Notes brief reads the financial statements, the collection policy, and the minutes together, scores the financial risk, and cites the page behind every finding.

## What the statute says

**Florida Statutes section 720.3085(4) and (5)** (Pre-lien notice and fee limits). Before recording a claim of lien, the HOA must provide written Notice of Intent to Record a Claim of Lien giving the owner 45 days to pay; before filing a foreclosure action, a second separate 45-day written notice of intent to foreclose is also required; fines under $1,000 may never become a lien; interest on delinquent assessments is capped at 18% per year simple interest and compound interest is prohibited; the late fee cap is the greater of $25 or 5% of the delinquent installment. The association may record the lien and file for foreclosure after each required 45-day notice period expires unpaid, and may add accrued interest, late fees, and (after proper attorney fee notice) attorney fees to the lien.

## Florida HOA assessment liens: common questions

### Can a Florida HOA put a lien on my home for unpaid dues?

Yes, but under Florida Statutes 720.3085 it must first give a 45-day written notice of intent to record a lien, and then a separate 45-day notice of intent to foreclose before filing.

### What interest and late fees can a Florida HOA charge?

If the documents do not set a rate, interest runs at 18 percent per year. An administrative late fee cannot exceed the greater of $25 or 5 percent of the late installment.

### How is my payment applied to a delinquent account?

In a fixed order: interest first, then the late fee, then costs and reasonable attorney fees, and the delinquent assessment last.

### Does a high HOA delinquency rate matter to a buyer?

Yes. A high delinquency rate signals financial stress and raises the odds of a special assessment, and it appears in the association's financial statements in the disclosure packet.

## Sources (verified 2026-06-03)

1. Florida Statutes section 720.3085 (payment for assessments; lien claims), The Florida Legislature. Verified 2026-06-03. https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/Sections/0720.3085.html
2. Chapter 720 Section 3085, Florida Statutes, The Florida Senate. Verified 2026-06-03. https://m.flsenate.gov/statutes/720.3085
3. Exactly What Must Be Included in the Notice of Late Assessments?, Becker and Poliakoff. Verified 2026-06-03. https://beckerlawyers.com/exactly-what-must-be-included-in-the-notice-of-late-assessments-fcap-managers-report/

HOA Notes is not a law firm and this is not legal advice.