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Perfecting Assessment Liens

October 6, 2014 Community Association Industry Legal Blog

Reading Time: 3 minutes


The Condominium Act and the Homeowners’ Association Act create separate thresholds for perfecting a claim of lien for delinquent assessments. Both acts require specific notices to the delinquent owner before the association may record a claim of lien. A claim of lien creates an interest in real property in favor of the association. In many instances is has been said that the association has a “perpetual” right to lien, so long as the association remains in existence. A lien should be limited on its face to the exact real property interest owned by the delinquent owner.

Because Florida association liens require the inclusion of a legal description, and liens create real property rights, only attorneys who are members of The Florida Bar may draft liens. A non-Florida attorney’s preparation of a lien on Florida real property constitutes the unauthorized practice of law. This is so even if the non-attorney is a licensed community association manager. See The Florida Bar re Advisory Opinion — Activities of Community Ass’n Managers, 681 So.2d 1119 (Fla. 1996).

Condominium Liens

A condominium association lien is, first, a creature of statute; and second, a creature of the declaration of condominium and the condominium association’s bylaws. See 718.116(5)(a). The claim of lien must state the description of the parcel encumbered, the name of the record owner, the amount due, and the due date or dates. It must be signed by an officer or authorized agent of the association. The lien must be recorded in the public records of the county in which the condominium parcel is located, See 718.116(5)(a)—(5)(b), which in turn requires that that signature be acknowledged.  See 695.03, Florida Statutes.  The declarations may have exemptions to liens, such as developer exemptions – therefore is it of the utmost importance to confirm with the community documents the exact nature of the assessment lien rights.

Interest accrues on delinquent assessments. If the declaration of condominium does not specify an interest rate, interest accrues at 18% per annum from the date of delinquency.  718.116(3). If either the declaration or the association’s bylaws allow, the association may levy a late charge of the greater of $25 or 5% of the installment of the delinquent assessment. Even if a late fee does not bear a reasonable relationship to the cost of processing a late payment, the statutorily authorized late charge is not considered usurious. Id.

Homeowners’ Association Liens

There is no statutory form for a homeowners’ association claim of lien. The 2008 amendments added criteria similar to the Condominium Act, requiring that the lien state the parcel description, which presumably is the legal description, the name of the record owner, the name and address of the association, the assessment amount due, and the due date.  720.3085(1)(a). The timing for creating a lien is different than a condominium. A lien may not be recorded until 45 days after the owner is provided a notice of the delinquency, and the failure of payment of all amounts due to the association, including attorneys’ fees and costs.  720.3085(4). Declarations of covenants may exempt developers from the payment of assessments. See F.S. 720.308.

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