Statutes were amended to address the association’s requirement to maintain affirmative acknowledgements of the owners if the association changes the method of delivery of assessment Invoices and statements Effective July 1, 2021, statutes require a new notice to delinquent owners. If an association sends out an invoice for a delinquent assessment or a statement of account to a unit/parcel owner, the invoice or statement must be delivered to the unit/ Notices of late assessments Notices of late assessments must be sent by first-class mail to the unit/ parcel owner at their last address as reflected in the association’s records and, if such address is not the unit address, must also be sent by first- class mail to the unit address. Notices are deemed to have been delivered upon mailing as required in this section, by a board member, officer, or agent of the
invoices. Such acknowledgments are to be maintained as part of the official records of the association and they are not open to unit owner inspection.
parcel owner by first-class mail or by electronic transmission to the unit/parcel owner’s email address in the association’s official records.
association, or a licensed manager when they provide a sworn affidavit attesting to such mailing. Notices of late assessments must be in substantially the same form as stated in F.S. 718.121(5). The board should consult an attorney regarding this section and when attempting to collect a debt.
LIENS
Valid claim Pursuant to statute, a member’s unit or parcel serves as collateral for assessments that are due to the association. An association may place a lien on a unit or parcel for unpaid assessments and other monies due as provided in the applicable statute or the association’s documents. A lien is the legal claim of one person or entity on the property of another to secure the payment of a debt or the satisfaction of an obligation. Florida statutes provide specific requirements for a community association to follow in order to place a lien on a member’s unit or parcel. A valid claim of lien must state:
NOTE : The Condominium Act (F.S. 718.116(5)), Cooperative Act (F.S. 719), and HOA Act (F.S. 720.3085) provide detailed information on liens for each different type of association. Before the lien is recorded, it must be signed by an officer or agent of the association, notarized, and signed by two witnesses. The claim of lien secures all unpaid assessments that are due and that may accrue after the claim of lien is recorded and through the entry of a final judgment, as well as interest, and administrative late fees. In condominiums and HOAs, a lien also secures all reasonable costs and attorney fees incurred by the association incidental to the collection process. In a cooperative, if authorized by the cooperative documents, the lien also secures reasonable attorney fees incurred by the association incidental to the collection of the rents and assessments or enforcement of such lien. Once the association has received payment in full, the member is entitled to a satisfaction of the lien. The effective period for enforcing a lien is automatically extended for any length of time during which the association is prevented from filing a foreclosure action by an automatic stay resulting from a bankruptcy petition filed by a unit or parcel owner or any other person claiming an interest in the parcel. We discuss the effective period for liens below. is mailed. After service, the association has 90 days in which to file an action to enforce the lien. If the association does not take action within the 90-day period, the lien is void. The 90-day period shall be extended for any period that the association is prevented from filing its action because of an automatic stay resulting from the filing of a bankruptcy petition by the owner or by any other person claiming an interest in the unit or parcel. dates. It must be executed and acknowledged by an officer or authorized agent of the association. The claim of lien secures all unpaid assessments that are due and that may accrue after the claim of lien is recorded and through the entry of a final judgment, as well as interest, administrative late fees, and all reasonable costs and attorney fees incurred by the association incident to the collection process. Upon payment in full, the person making the payment is entitled to a satisfaction of lien. The lien is not effective one year after the claim of lien was recorded unless, within that time, an action to enforce the lien has commenced. The one-year period is automatically extended
● The description of the unit or parcel. ● The name of the owner of record. ● The name and address of the association. ● The amount due. ● The due dates.
Notice of claim Before an association may file a claim or release of lien, it must send a notice to the delinquent member in substantially the same form as illustrated in the applicable statute. Other forms required for noticing actions related to delinquencies, liens, and foreclosures can be found in the applicable statutes. It is considered a UPL for a CAM or CAB to file a claim or satisfaction of lien. An owner, the owner’s agent, or attorney may contest a recorded lien against their unit or parcel by filing a “Notice of Contest of Lien,” with the clerk of the court in substantially the form as illustrated in the applicable statute. [F.S. 713.22] The clerk must record the notice of contest and mail a copy to the association at its official address, by certified mail, return receipt. The association is considered served when the notice Notice of contest of lien Condominiums/cooperatives/HOAs A claim of lien may not be filed by the association against a condominium unit until 45 days after the date on which a notice of intent to file a lien has been delivered to the owner by registered or certified mail, return receipt requested, by first- class U.S. mail to the owner at their last address as reflected in the association’s records and, if such address is not the unit address, by first-class U.S. mail to the unit address. Notice is considered delivered when it’s mailed. To be valid, a claim of lien must state the description of the condominium parcel, the name of the record owner, the name and address of the association, the amount due, and the due Association claim of lien requirements Condominiums
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