HOA rules by state / Florida

Florida HOA dues, late fee and collection rules

What Chapter 720 of the Florida Statutes says about HOA assessments, late fees, interest, notices before a lien, records and meetings, quoted with section numbers.

This page quotes Chapter 720, Florida Statutes (the Homeowners' Association Act). Every point below was read in the 2026 Florida Statutes as published by the Florida Senate (flsenate.gov), compared with the 2025 edition, on November 9, 2026. It is researched by DuesDesk and has not been reviewed by an attorney.

At a glance

• If the declaration or bylaws so provide, the association may charge an administrative late fee not to exceed the greater of $25 or 5 percent of each installment paid past the due date. (Fla. Stat. 720.3085(3)(a))
• If the declaration or bylaws give no rate, simple interest accrues at 18 percent per year. (Fla. Stat. 720.3085(3))
• Compound interest may not accrue on unpaid assessments, regardless of the declaration or bylaws. (Fla. Stat. 720.3085(3))
• A payment received and accepted is applied first to interest, then the administrative late fee, then collection costs and reasonable attorney fees, then the delinquent assessment. (Fla. Stat. 720.3085(3)(b))
• An association may not record a lien for unpaid assessments unless it has made a written notice or demand that gives the owner 45 days to pay. (Fla. Stat. 720.3085(4), (4)(a))
• A lien foreclosure action may not be brought until 45 days after the owner has been given notice of the association's intent to foreclose. (Fla. Stat. 720.3085(5))
• A fine may not exceed $100 per violation, and for a continuing violation may not exceed $1,000 in the aggregate, in each case unless otherwise provided in the governing documents; a fine of less than $1,000 may not become a lien. (Fla. Stat. 720.305(2))
• The association must maintain the listed official records for at least 7 years unless the governing documents require longer. (Fla. Stat. 720.303(4)(a))
• Official records must be made available to a parcel owner for inspection or photocopying within 10 business days after the board or its designee receives a written request. (Fla. Stat. 720.303(5)(a))

What we did not find in the statute

People often ask about these. We looked for them in the text and did not find them. That is not the same as saying no such rule exists anywhere: other laws, court decisions and your own governing documents may add one.

• A right to a payment plan for an owner who is behind. The words "payment plan" do not appear in Chapter 720.
• A right to redeem a home after an association forecloses.
• A minimum dollar amount of debt before an association may foreclose.
• A cap on how much assessments may rise from year to year. Section 720.303(6)(b) refers to limits in the governing documents.

Good to know

• Condominiums are not covered by this chapter. They have their own statute, Chapter 718 (the Condominium Act); see s. 720.302(4).
• The Florida Department of Business and Professional Regulation says on its homeowners' associations page that its division "has authority to arbitrate election and recall disputes under Chapter 720" but "does not have authority to investigate complaints under Chapter 720" (https://www2.myfloridalicense.com/condos-timeshares-mobile-homes/homeowners-associations/).
• Section 720.3085(4)(a) counts the 45 days before a lien from the date the notice is mailed, while the form letter in the same paragraph says 45 days after receipt. We quote both and do not resolve the difference; ask an attorney.

The statute, point by point

Delinquency, interest, late fee, application of payments

Interest on unpaid assessments - rate source. Unpaid assessments bear interest from the due date at the rate in the declaration or bylaws, which may not exceed the rate allowed by law. (Fla. Stat. 720.3085(3))

"bear interest from the due date until paid at the rate provided in the declaration of covenants or the bylaws of the association, which rate may not exceed the rate allowed by law"

Default interest rate. If the declaration or bylaws give no rate, simple interest accrues at 18 percent per year. (Fla. Stat. 720.3085(3))

"If no rate is provided in the declaration or bylaws, simple interest accrues at the rate of 18 percent per year."

Compound interest. Compound interest may not accrue on unpaid assessments, regardless of the declaration or bylaws. (Fla. Stat. 720.3085(3))

"Notwithstanding the declaration or bylaws, compound interest may not accrue on assessments and installments on assessments that are not paid when due."

Late fee cap. If the declaration or bylaws so provide, the association may charge an administrative late fee not to exceed the greater of $25 or 5 percent of each installment paid past the due date. (Fla. Stat. 720.3085(3)(a))

"If the declaration or bylaws so provide, the association may also charge an administrative late fee not to exceed the greater of $25 or 5 percent of the amount of each installment that is paid past the due date."

Application of payments. A payment received and accepted is applied first to interest, then the administrative late fee, then collection costs and reasonable attorney fees, then the delinquent assessment. (Fla. Stat. 720.3085(3)(b))

"shall be applied first to any interest accrued, then to any administrative late fee, then to any costs and reasonable attorney fees incurred in collection, and then to the delinquent assessment"

Payment instructions / nature of late fee. The payment order applies despite any restrictive endorsement or instruction on a payment; a late fee is not subject to chapter 687 and is not a fine. (Fla. Stat. 720.3085(3)(b))

"This paragraph applies notwithstanding any restrictive endorsement, designation, or instruction placed on or accompanying a payment. A late fee is not subject to the provisions of chapter 687 and is not a fine."

Notice of late assessment before attorney fees. An association may not require payment of attorney fees related to a past due assessment without first delivering a written notice of late assessment; the statutory form gives 30 days. (Fla. Stat. 720.3085(3)(d))

"An association may not require payment of attorney fees related to a past due assessment without first delivering a written notice of late assessment to the parcel owner" ... (form) "must be paid within 30 days after the date of this letter"

Notices and cure periods before lien and foreclosure

Pre-lien notice, 45 days. An association may not record a lien for unpaid assessments unless it has made a written notice or demand that gives the owner 45 days to pay. (Fla. Stat. 720.3085(4), (4)(a))

"Provide the owner with 45 days following the date the notice is deposited in the mail to make payment for all amounts due" ... (form in same paragraph) "no sooner than 45 days after your receipt of this letter"

Pre-lien notice, delivery method. The pre-lien notice must be sent by registered or certified mail, return receipt requested, and by first-class mail to the owner's last address in the association's records. (Fla. Stat. 720.3085(4)(b))

"Be sent by registered or certified mail, return receipt requested, and by first-class United States mail to the parcel owner at his or her last address as reflected in the records of the association"

Pre-foreclosure notice, 45 days. A lien foreclosure action may not be brought until 45 days after the owner has been given notice of the association's intent to foreclose. (Fla. Stat. 720.3085(5))

"The action to foreclose the lien may not be brought until 45 days after the parcel owner has been provided notice of the association’s intent to foreclose and collect the unpaid amount."

Claim of lien contents. A valid claim of lien must state the parcel description, record owner's name, association name and address, assessment amount due, and due date. (Fla. Stat. 720.3085(1)(a))

"To be valid, a claim of lien must 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."

"qualifying offer" stay during foreclosure. An owner's filed qualifying offer stays the foreclosure action for the period stated in the offer, not more than 60 days after service of the offer. (Fla. Stat. 720.3085(6)(b))

"stays the foreclosure action for the period stated in the qualifying offer, which may not exceed 60 days following the date of service of the qualifying offer"

Contest of lien, 90 days. After service of an owner's recorded notice of contest of lien, the association has 90 days to file an action to enforce the lien or the lien is void. (Fla. Stat. 720.3085(1)(b))

"After service, the association has 90 days in which to file an action to enforce the lien and, if the action is not filed within the 90-day period, the lien is void."

How invoices/statements are delivered; changing the method. An invoice or statement of account must go by first-class mail or to the owner's e-mail in the official records; before changing the delivery method the association must give written notice at least 30 days ahead, and the owner must affirmatively acknowledge the change. (Fla. Stat. 720.3085(3)(c)1.-3.)

"must be delivered to the parcel owner by first-class United States mail or by electronic transmission to the parcel owner’s e-mail address maintained in the association’s official records" ... "The written notice must be delivered to the parcel owner at least 30 days before"

Successor owner liability. A parcel owner is jointly and severally liable with the previous owner for unpaid assessments that came due up to the transfer of title. (Fla. Stat. 720.3085(2)(b))

"A parcel owner is jointly and severally liable with the previous parcel owner for all unpaid assessments that came due up to the time of transfer of title."

Tenant rent demand. If a parcel is tenant-occupied and the owner is delinquent, the association may demand that the tenant pay subsequent rent to the association. (Fla. Stat. 720.3085(8)(a))

"the association may demand that the tenant pay to the association the subsequent rental payments and continue to make such payments until all the monetary obligations of the parcel owner related to the parcel have been paid in full"

Board meetings and notices

Board meeting notice. Board meeting notices must identify agenda items and be posted conspicuously at least 48 hours ahead, or if not posted, mailed or delivered at least 7 days ahead, except in an emergency (these terms apply if the bylaws do not provide them). (Fla. Stat. 720.303(2)(c)1.)

"must be posted in a conspicuous place in the community at least 48 hours in advance of a meeting, except in an emergency" ... "notice of each board meeting must be mailed or delivered to each member at least 7 days before the meeting, except in an emergency"

Notice when assessments / special assessments are considered. An assessment may not be levied at a board meeting unless the notice says assessments will be considered; written notice of a meeting considering special assessments must be given not less than 14 days before. (Fla. Stat. 720.303(2)(c)2.)

"An assessment may not be levied at a board meeting unless the notice of the meeting includes a statement that assessments will be considered and the nature of the assessments." ... "not less than 14 days before the meeting"

Member petition to the board. If 20 percent of the total voting interests petition the board on an item, the board must put it on an agenda not later than 60 days after receiving the petition. (Fla. Stat. 720.303(2)(d))

"If 20 percent of the total voting interests petition the board to address an item of business" ... "not later than 60 days after the receipt of the petition, take the petitioned item up on an agenda"

Records: retention, access, cost, website

Records retention. The association must maintain the listed official records for at least 7 years unless the governing documents require longer. (Fla. Stat. 720.303(4)(a))

"The association shall maintain each of the following items, when applicable, for at least 7 years, unless the governing documents of the association require a longer period of time"

Per-owner account ledger is an official record. The official financial records include a current account and periodic statement for each member showing each assessment's due date and amount, each payment, and the balance due. (Fla. Stat. 720.303(4)(a)10.b.)

"A current account and a periodic statement of the account for each member" ... "the date and amount of each payment on the account, and the balance due"

Records inspection deadline. Official records must be made available to a parcel owner for inspection or photocopying within 10 business days after the board or its designee receives a written request. (Fla. Stat. 720.303(5)(a))

"within 10 business days after receipt by the board or its designee of a written request from the parcel owner"

Damages for denied access. Minimum damages for willful failure to give access are $50 per calendar day for up to 10 days, starting on the 11th business day after the written request was received. (Fla. Stat. 720.303(5)(c))

"The minimum damages are to be $50 per calendar day up to 10 days, the calculation to begin on the 11th business day after receipt of the written request."

Copy and personnel charges. The association may charge up to 25 cents per page for copies on its own photocopier; personnel costs may be charged only if retrieval and copying exceed one-half hour and may not exceed $20 per hour, and not for requests of 25 or fewer pages. (Fla. Stat. 720.303(5)(g))

"The association may charge up to 25 cents per page for copies made on the association’s photocopier." ... "if the personnel costs do not exceed $20 per hour. Personnel costs may not be charged for records requests that result in the copying of 25 or fewer pages."

Website / app requirement. By January 1, 2025, an association with 100 or more parcels must post specified documents on its website or make them available through a mobile application. (Fla. Stat. 720.303(4)(b)1.)

"By January 1, 2025, an association that has 100 or more parcels shall post the following documents on its website or make available such documents through an application that can be downloaded on a mobile device"

Owner's right to a detailed accounting. On an owner's written request for a detailed accounting of amounts owed, the board must provide it within 15 business days; the owner may not ask again for at least 90 calendar days. (Fla. Stat. 720.303(14))

"the board shall provide such information within 15 business days after receipt of the written request" ... "he or she may not request another detailed accounting for at least 90 calendar days"

Budget, reserves, financial reporting

Annual budget. The association must prepare an annual budget and give each member a copy or written notice that a copy is available on request at no charge. (Fla. Stat. 720.303(6)(a))

"The association shall provide each member with a copy of the annual budget or a written notice that a copy of the budget is available upon request at no charge to the member."

Reserves. The budget may include reserve accounts; an association is deemed to have provided for reserve accounts upon approval of a majority of the total voting interests. (Fla. Stat. 720.303(6)(b), (6)(d))

"the budget may include reserve accounts for capital expenditures and deferred maintenance for which the association is responsible" ... "An association is deemed to have provided for reserve accounts upon the affirmative approval of a majority of the total voting interests of the association."

Annual financial report - preparation deadline. The association must prepare and complete a financial report for the preceding fiscal year within 90 days after the fiscal year end, or annually on the date provided in the bylaws. (Fla. Stat. 720.303(7))

"Within 90 days after the end of the fiscal year, or annually on the date provided in the bylaws, the association shall prepare and complete, or contract with a third party for the preparation and completion of, a financial report"

Annual financial report - delivery deadline. Within 21 days after the report is completed or received, but not later than 120 days after fiscal year end (or other bylaws date), the association must give each member a copy or notice that a copy is available at no charge. (Fla. Stat. 720.303(7))

"Within 21 days after the final financial report is completed by the association or received from the third party, but not later than 120 days after the end of the fiscal year or other date as provided in the bylaws"

Financial reporting tiers. Revenues under $150,000: report of cash receipts and expenditures; $150,000 to under $300,000: compiled; $300,000 to under $500,000: reviewed; $500,000 or more: audited; at least 1,000 parcels: audited regardless of revenues. (Fla. Stat. 720.303(7)(a)1.-4., (7)(b)1.)

"An association with total annual revenues of $150,000 or more, but less than $300,000, shall prepare compiled financial statements." ... "An association with total annual revenues of less than $150,000 shall prepare a report of cash receipts and expenditures."

Fines, suspensions, directors

Fine caps. A fine may not exceed $100 per violation, and for a continuing violation may not exceed $1,000 in the aggregate, in each case unless otherwise provided in the governing documents; a fine of less than $1,000 may not become a lien. (Fla. Stat. 720.305(2))

"A fine may not exceed $100 per violation" ... "except that the fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine of less than $1,000 may not become a lien against a parcel."

Notice and hearing before a fine or suspension. A fine or suspension may not be imposed unless the board first gives at least 14 days' written notice of the owner's right to a hearing before a committee of at least three members. (Fla. Stat. 720.305(2)(b))

"may not be imposed unless the board first provides at least 14 days’ written notice of the parcel owner’s right to a hearing"

Suspension for delinquency over 90 days. If a member is more than 90 days delinquent in a monetary obligation, the association may suspend common-area use rights and may suspend voting rights. (Fla. Stat. 720.305(3), (4))

"An association may suspend the voting rights of a parcel or member for the nonpayment of any fee, fine, or other monetary obligation due to the association that is more than 90 days delinquent."

Director education certificate. Within 90 days after being elected or appointed, each director must submit a certificate of completing the department-approved educational curriculum. (Fla. Stat. 720.3033(1)(a))

"Within 90 days after being elected or appointed to the board, each director must submit a certificate of having satisfactorily completed the educational curriculum administered by a department-approved education provider."

Delinquent board member. A board member who becomes more than 90 days delinquent in any monetary obligation to the association is deemed to have abandoned the seat. (Fla. Stat. 720.306(9)(b))

"A person serving as a board member who becomes more than 90 days delinquent in the payment of any fee, fine, or other monetary obligation to the association shall be deemed to have abandoned his or her seat on the board"

Member meetings, quorum

Quorum. Unless the bylaws provide a lower number, the quorum for a members' meeting is 30 percent of the total voting interests. (Fla. Stat. 720.306(1)(a))

"Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests."

Annual meeting. The association must hold a meeting of its members annually. (Fla. Stat. 720.306(2))

"The association shall hold a meeting of its members annually for the transaction of any and all proper business at a time, date, and place stated in, or fixed in accordance with, the bylaws."

Member meeting notice. If the bylaws do not provide for notice, notice of all membership meetings must be mailed, delivered, or electronically transmitted not less than 14 days before the meeting. (Fla. Stat. 720.306(5))

"which shall be mailed, delivered, or electronically transmitted to the members not less than 14 days prior to the meeting"

Special meetings. Special meetings must be held when called by the board or, unless the governing documents state a different percentage, by at least 10 percent of the total voting interests. (Fla. Stat. 720.306(3))

"Special meetings must be held when called by the board of directors or, unless a different percentage is stated in the governing documents, by at least 10 percent of the total voting interests of the association."

Assessments: allocation and special assessments

Assessments in proportional share. Assessments under the annual budget or a special assessment must be in the member's proportional share of expenses as described in the governing document (section applies to communities created after October 1, 1995). (Fla. Stat. 720.308(1)(a))

"Assessments levied pursuant to the annual budget or special assessment must be in the member’s proportional share of expenses as described in the governing document"

Special assessments before turnover. Before turnover, a developer-controlled board may not levy a special assessment unless a majority of non-developer parcel owners has approved it by majority vote at a duly called special meeting with a quorum. (Fla. Stat. 720.315)

"Before turnover, the board of directors controlled by the developer may not levy a special assessment unless a majority of the parcel owners other than the developer has approved the special assessment by a majority vote"

State oversight statement in the statute

Legislature's statement on a state HOA regulator. Chapter 720 states the Legislature's view that it is not in the best interest of HOAs or their members to create a state agency to regulate HOA affairs. (Fla. Stat. 720.302(2))

"it is not in the best interest of homeowners’ associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners’ associations"

How this page is kept accurate

• Statute text last checked: November 9, 2026. We re-check every six months and after each legislative session.
• Each quotation was compared word for word with the official text by a program, not retyped.
• We quote; we do not interpret. If your situation turns on one of these rules, read the full section and ask an attorney licensed in the state.
• Found something out of date? Write to support@duesdesk.app.

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