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Florida HOA Notice of Late Assessment

Fill in the highlighted fields to create a Florida notice of late assessment in the form required by section 720.3085(3)(d), which an HOA must send before it can require payment of attorney fees. The statutory form gives the owner 30 days to pay. The fields edit right in your browser, and you can copy the result or save it as a Word document.

NOTICE OF LATE ASSESSMENT

RE: Parcel [Parcel Number] of [Name of Association]

The following amounts are currently due on your account to [Name of Association], and must be paid within 30 days after the date of this letter. This letter shall serve as the association's notice to proceed with further collection action against your property no sooner than 30 days after the date 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]
TOTAL OUTSTANDING: $[Total Outstanding]

*Interest accrues at the rate of [Interest Rate] percent per annum.

Date: [Date]
Sent by first-class United States mail to [Owner Name] at [Owner Last Known Address] [and to the parcel address, if different]

What this letter does

A Florida notice of late assessment is the first formal collection step an HOA must take before it can require a delinquent owner to pay attorney fees on a past-due assessment. Section 720.3085(3)(d) of the Florida Statutes requires this written notice, giving the owner a chance to pay without the added fees.

Key rules

  • No attorney fees without it. An association may not require payment of attorney fees related to a past-due assessment without first delivering a written notice of late assessment that specifies the amount owed and gives the owner an opportunity to pay without attorney fees.
  • 30 days. The statutory form says the amounts must be paid within 30 days after the date of the letter, and the association can proceed with further collection action no sooner than 30 days after the date of the letter.
  • How to send it. By first-class United States mail to the owner's last address in the association's records and, if different, also to the parcel address. Notice is deemed delivered upon mailing. A sworn affidavit from a board member, officer or agent, or a licensed manager, attesting to the mailing creates a rebuttable presumption that it was mailed.
  • Use the form. The statute says the notice must be in substantially the form shown above.

Related Florida rules in section 720.3085(3)

  • Interest. Unpaid assessments bear interest at the rate in the declaration or bylaws, which may not exceed the legal rate. If none is stated, simple interest accrues at 18 percent per year. Compound interest may not accrue.
  • Late fee. If the declaration or bylaws provide, an administrative late fee may not exceed the greater of $25 or 5 percent of each installment paid past due.
  • Order of application. Payments accepted by the association are applied first to interest, then to an administrative late fee, then to costs and reasonable attorney fees incurred in collection, then to the delinquent assessment.
  • Delivery of invoices. Invoices or statements of account must be delivered by first-class mail or by electronic transmission to the owner's email address in the association's records, with rules for changing the method.

What comes next

If the owner does not pay, the association may send a notice of intent to record a claim of lien. See also the delinquent dues letter, the late fee letter and the dues letter.

Statutes change, so confirm the current text of section 720.3085 and the form on the Florida Legislature's website.

After payment, the HOA lien release letter confirms it, and an owner who cannot pay at once can send a hardship letter. How HOA liens and foreclosure work compares Florida with other states.

Common questions

Does a Florida HOA have to send this notice before charging attorney fees?

Yes. Section 720.3085(3)(d) bars requiring payment of attorney fees on a past-due assessment without first delivering a written notice of late assessment.

Can the HOA charge a late fee?

If the declaration or bylaws provide for one, up to the greater of $25 or 5 percent of each installment paid past due.

This page gives general information and sample wording. It is not legal advice, and requirements differ by state and by association.