Florida HOA and Condo Collections: The 30- and 45-Day Notices, Step by Step

The collections timeline at a glance

Each step has its own content and delivery rules. Your association's attorney should approve the letter templates; most associations hand the file to the attorney at step 2 or 3.

Step 1: the 30-day notice of late assessment

Before an association can require an owner to pay attorney fees on a delinquency, it must send a written notice of late assessment giving the owner 30 days to pay. The statute provides the form of notice and requires it to go by first-class mail to the owner's last known address and, if different, to the unit or parcel. A sworn affidavit of mailing creates a rebuttable presumption that it was sent.

This requirement was added for both condos and HOAs in 2021. Many older collection templates still skip straight to a lien letter, which can cost the association its fees.

Step 2: the 45-day notice of intent to lien

At least 45 days before recording a claim of lien, the association must send a notice of intent to record a claim of lien:

• by registered or certified mail, return receipt requested, and by first-class mail, to the owner's last known address;
• and, if different, to the address of the unit or parcel.

The notice states the amounts owed. Condos follow section 718.121(6); HOAs follow section 720.3085(4).

Step 3 and 4: the lien and the notice of intent to foreclose

Once the 45 days have run, the association can record the claim of lien. Before it files a foreclosure action, it must give a separate notice of intent to foreclose at least 45 days in advance:

• Condos (section 718.116(6)(b)): delivered by hand or by certified or registered mail. If the association doesn't give this notice and the owner pays the amounts due before a judgment, the association can't recover its attorney fees or costs.
• HOAs (section 720.3085(5)): the notice of intent to foreclose can't be sent until the 45-day period after the lien notice has run.

From here, the file belongs with the association's attorney.

Interest, late fees and how payments apply

HB 1203 (2024, chapter 2024-221) barred HOAs from charging compound interest on assessments and tightened the rules for fines under section 720.305: a 14-day notice of the right to a hearing, a hearing within 90 days, no fine if the violation is cured, and no attorney fees before the fine's payment date.

Because payments apply to interest and fees first, an owner who sends exactly one month's assessment can still be delinquent on the assessment itself. Your ledger and your notices need to show that clearly.

Where associations go wrong

• Skipping the 30-day notice, then trying to charge attorney fees.
• Sending a lien notice by only one mailing method, or not to the unit address when the owner lives elsewhere.
• Losing track of dates across dozens of delinquent units, so a lien is recorded on day 40 instead of day 46.
• No proof of mailing when the owner disputes receipt.
• Applying payments to the assessment first, which understates interest and fees and confuses the ledger.

Every one of these is a process problem, not a legal one. A collections workflow that sends the right letter, by the right methods, on the right day, and keeps the affidavit, removes most of them.

That's the delinquency timeline in Agenbord Recur for Florida condo associations: owner ledgers that apply payments in the statutory order, letter templates your attorney approves, the 30- and 45-day clocks per unit, and a packet ready for the attorney when a file escalates. It's in early access. Associations that also need an owner portal should read our guide to Florida association website requirements.

This guide is general information, not legal advice. Collections law is technical and changes often; your association's attorney should approve every notice and decide when to lien or foreclose.