Florida HOA Notice of Intent to Record a Claim of Lien
Fill in the highlighted fields to create a Florida notice of intent to record a claim of lien in the form required by section 720.3085(4), which gives the owner 45 days to pay before a lien is recorded. Click any field to type your details, then copy the letter or download it as a Word file. There is no sign-up and no charge.
NOTICE OF INTENT TO RECORD A CLAIM OF LIEN
RE: Parcel or (lot/block) [Lot or Parcel Number] of [Name of Association]
The following amounts are currently due on your account to [Name of Association], and must be paid within 45 days after your receipt of this letter. This letter shall serve as the association's notice of intent to record a Claim of Lien against your property no sooner than 45 days after your receipt of this letter, unless you pay in full the amounts set forth below:
Maintenance due [Maintenance Dates]: $[Maintenance Amount]
Late fee, if applicable: $[Late Fee Amount]
Interest through [Interest Through Date]*: $[Interest Amount]
Certified mail charges: $[Certified Mail Charges]
Other costs: $[Other Costs]
TOTAL OUTSTANDING: $[Total Outstanding]
*Interest accrues at the rate of [Interest Rate] percent per annum.
Date: [Date]
Sent to [Owner Name] at [Owner Last Known Address] by registered or certified mail, return receipt requested, and by first-class United States mail [and to the parcel address, if different]
What this letter does
A Florida HOA notice of intent to record a claim of lien warns a delinquent owner that the association plans to record a lien unless the debt is paid. Section 720.3085(4) says an HOA may not file a record of lien for unpaid assessments unless a written notice or demand has been made, and sets what it must contain.
Key rules in section 720.3085(4)
- 45 days. The notice must give the owner 45 days following the date it is deposited in the mail to pay all amounts due, including any attorney's fees and actual costs associated with preparing and delivering the written demand.
- Statutory form. The notice must be in substantially the form above, including the line items and the interest statement.
- How to send it. By registered or certified mail, return receipt requested, and by first-class United States mail, to the owner's last address in the association's records (if within the United States) and to the parcel address if the owner's address is not the parcel address. If the address in the records is outside the United States, sending the notice to that address and to the parcel address by first-class mail is sufficient.
What a valid claim of lien must state
When a lien is later recorded, section 720.3085(1)(a) requires the claim of lien to state the description of the parcel, the name of the record owner, the name and address of the association, the assessment amount due and the due date. The claim secures unpaid assessments that are due and that accrue after recording and before entry of a certificate of title, plus interest, late charges and reasonable costs and attorney fees incurred in collection.
Owner protections
- Notice of contest of lien. An owner can record a notice of contest, after which the association has 90 days to file suit to enforce the lien or the lien is void.
- Foreclosure notice. Under section 720.3085(5), a foreclosure action may not be brought until 45 days after the owner has been given notice of the association's intent to foreclose, in the manner provided in paragraph (4)(b) and not before the 45 days in paragraph (4)(a) have passed.
- Qualifying offer. After a foreclosure complaint is served, an owner may serve a qualifying offer, which stays the foreclosure for a period of up to 60 days, under conditions listed in subsection (6).
- Fines. Under section 720.305, a fine of less than $1,000 may not become a lien against a parcel.
What comes before and after
This notice follows the notice of late assessment and the delinquent dues letter. Review the pre-lien letter sample for the general process in other states.
Statutes change, so confirm the current text and form in section 720.3085 on the Florida Legislature's website, and have the association's attorney review the notice before it is sent.
A balance in collection also appears on the Florida estoppel certificate requested for a sale. After payment, the HOA lien release letter confirms it, and how HOA liens and foreclosure work compares Florida with other states.
Common questions
How much notice must a Florida HOA give before recording a lien?
Forty-five days from the date the notice is deposited in the mail, as set out in section 720.3085(4)(a).
Can the HOA add attorney's fees to the notice?
The notice may include attorney's fees and actual costs associated with preparing and delivering the written demand.
This page gives general information and sample wording. It is not legal advice, and requirements differ by state and by association.