1. Florida law allows community associations to collect assessments from unit owners to cover operating and maintenance costs.
2. If a unit owner fails to pay, the association can record the unpaid assessment as a lien against the property and file for foreclosure, following the guidelines in Florida Statute Chapter 718.
3. As of May 2022, the Florida legislature updated the requirements for perfecting a community association assessment as a lien, providing longer notice periods before recording or foreclosing on a lien.
4. The association must send a Notice of Late Assessment and provide the unit owner 30 days to pay the assessment without extra attorneys’ fees.
5. If the association fails to send such notice, it cannot assess the unit owner for attorneys’ fees.
6. Failure to send notice of intent to record the lien prior to filing will prohibit the filing of the lien against the unit.
7. The association must deliver a Notice of Intent to Record a Claim of Lien 45 days prior to filing a lien against the unit owner’s property. 1. After recording a lien, the community association must start legal action within one year or within 90 days if the unit owner files a Notice of Contest of Lien.
2. If the delinquent assessment is still unpaid after recording the lien, the association can begin the foreclosure process by sending a Notice of Intent to Foreclose 45 days before filing a foreclosure suit.
3. Condominium assessments are considered “consumer debts” under the Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA), with a statute of limitations of 5 years to file for foreclosure after the first missed payment.
4. Associations must initiate the notice process within at least 4 years and 9 months from the date of the first missed payment to file a valid foreclosure suit within the 5-year limitation.
5. Community associations must also adhere to the requirements of the FDCPA, FCCPA, and new “Regulation F” when attempting to collect delinquent assessments. 1. The team has experience in foreclosing community associations liens.
2. They are knowledgeable about the legal process and requirements for foreclosure.
3. The team can provide guidance and assistance to community associations facing challenges with delinquent homeowners.
4. They have a track record of successfully resolving lien issues and helping associations regain control over their finances.
https://www.jimersonfirm.com/blog/2023/01/long-florida-hoa-condominium-association-foreclose-hoa-coa-lien/
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