HOA must give 45-day notices before a lien and before foreclosing
Fla. Stat. § 720.3085
In plain words
A Florida homeowners association must give you a written notice with 45 days to pay before it records a claim of lien. Then it cannot file a foreclosure until 45 days after a second notice of its intent to foreclose. These notices give you time to pay, dispute the amount or ask for a payment plan.
Who is protected
Parcel owners in Florida homeowners associations.
When it applies
- Only in Florida.
- Only if you owe your HOA.
What you can do
Ask in writing
Dispute any wrong charge in writing and ask for a ledger and a payment plan.
Deadline: Within the 45 days in the notice
Open the toolPut the deadline on your calendar
Mark the mailing date of each notice and count 45 days.
Deadline: 45 days from each HOA notice
Open the tool
Honest limits
- Florida HOA liens can still be foreclosed after the notices; there is no dollar minimum in this section.
- Condominiums follow a different statute (chapter 718).
- This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.
The law
- State lawHOA lien and foreclosure notices
Fla. Stat. § 720.3085
What it says: Requires a 45-day notice before a claim of lien and 45 days after a notice of intent before a foreclosure suit.
Read the official texthttps://www.flsenate.gov/Laws/Statutes/2026/720.3085
Court cases
- Homeowner wonSame topicBartee v. Tara Colony Homeowners Ass'n
Bartee v. Tara Colony Homeowners Ass'n (In re Bartee), 212 F.3d 277 (5th Cir. 2000)
Chapter 13's anti-modification rule does not protect a junior lienholder whose lien is not supported by any value in the debtor's home
Related rights
The right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
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