HOA Assessments · Florida Chapter 720

HOA Assessment & Special Assessment Dispute Attorney

Florida HOAs can levy regular assessments, special assessments, and lien your property for non-payment. If your HOA has levied an improper assessment or is threatening a lien, The Dempsey Law Firm can help you fight back.

HOA Assessments - Special Assessments - HOA Liens

Every Florida homeowner in an HOA-governed community pays assessments — regular monthly or quarterly fees that fund the association's operations and reserve accounts. Most HOA members pay without question. But when a board levies a large special assessment without proper authority, fails to follow the required procedures, or threatens a lien over a disputed amount, the legal and financial stakes can be substantial.

Types of HOA Assessments in Florida

Regular Assessments

Regular assessments are the periodic maintenance fees charged to all members — monthly, quarterly, or annually — as provided in the association's governing documents. They fund the day-to-day operations of the community including common area maintenance, landscaping, insurance, and management fees. The amount and timing of regular assessments must be set by the board in accordance with the governing documents and Chapter 720.

Special Assessments

A special assessment is an additional charge above regular fees, typically levied to fund a major unexpected expense — an emergency repair, a capital improvement project, or a budget shortfall. Special assessments can be significant — sometimes tens of thousands of dollars per homeowner. Florida law and the governing documents establish how special assessments must be approved, how much notice must be given, and how the cost is divided among members.

When Can You Challenge a Special Assessment?

  • The board did not have authority to levy the assessment without a membership vote

  • Required notice to homeowners was not provided before the assessment was adopted

  • The assessment was not allocated proportionally as required by the governing documents

  • The purpose of the assessment is not authorized by the governing documents

  • The board acted in bad faith or outside its fiduciary duty in approving the assessment

Reserve Assessments

Florida law requires HOAs to maintain reserve accounts for the repair and replacement of major common area components — roofs, pavement, painting, and other capital items with deferred maintenance cost. The reserve schedule must be based on an estimated life and replacement cost for each component. Associations that have historically waived or underfunded reserves may now face large catch-up assessments.

HOA Liens for Unpaid Assessments in Florida

This is where HOA assessment disputes become urgent. Under Florida Statute §720.3085, an HOA can place a lien on your property for unpaid assessments. A lien clouds your property's title and can prevent you from selling or refinancing. If the lien is not paid, the association can file a lawsuit to foreclose on the lien — which can ultimately result in the loss of your home.

Florida Statute §720.3085 — HOA Lien and Foreclosure

A homeowners' association may not foreclose a lien for unpaid assessments if the total amount owed is less than $2,500. Before filing a foreclosure action, the association must offer the homeowner a payment plan of at least 12 months for amounts owed greater than 12 months of assessments. Foreclosure for unpaid assessments requires a separate lawsuit — the HOA cannot foreclose by non-judicial means.

Important: while Chapter 720 generally prohibits HOA liens solely for unpaid fines, it does allow liens for unpaid assessments. Some governing documents also grant lien rights for attorney's fees and late charges assessed in connection with collection. A careful review of your specific governing documents is essential to understanding the full scope of any lien.

Protecting Yourself When You Dispute an Assessment

The safest legal position is to pay the disputed assessment under protest — in writing — while simultaneously challenging its validity. Refusing to pay while the dispute is pending can accelerate a lien filing and damage your credit and title. An attorney can help you structure the dispute in a way that preserves your legal rights without unnecessary exposure.

  • Request all documents related to how the assessment was approved — board meeting minutes, financial reports, and any engineer or contractor estimates

  • Review your governing documents to confirm the board's authority to levy the assessment without a membership vote

  • If the board's authority required a membership vote, confirm that the vote was properly held and the required percentage approved

  • If you believe the assessment was improperly levied, send written notice of your objection to the board

  • Consult an attorney before refusing to pay — non-payment triggers the lien process

HOA Levied a Special Assessment You're Questioning?

The Dempsey Law Firm evaluates HOA assessment disputes throughout Florida. We'll tell you whether the assessment was properly adopted and what your options are. Free consultation.

GET A FREE ASSESSMENT REVIEW

Frequently Asked Questions — HOA Assessment Disputes

Can a Florida HOA levy a special assessment without a homeowner vote?

Whether a homeowner vote is required for a special assessment depends on the association's governing documents. Many Florida HOA declarations allow the board to levy special assessments up to a certain dollar amount per unit without owner approval, but require a membership vote for larger assessments. Review your CC&Rs and Bylaws carefully — if the board levied an assessment that required owner approval but did not get it, the assessment may be challengeable.

How much notice must a Florida HOA give before levying a special assessment?

Florida law requires HOA boards to provide written notice to all homeowners of any meeting at which a special assessment will be considered. The notice must be provided at least 14 days before the meeting. The notice must state that a special assessment will be considered and identify the estimated amount per unit. An assessment adopted without proper advance notice may be challengeable. Check your governing documents for any additional notice requirements.

Can a Florida HOA place a lien on my property for unpaid assessments?

Yes. Under Florida Statute §720.3085, an HOA can record a lien against your property for assessments that are more than 90 days delinquent. The lien must be recorded in the county property records and must state the amount owed. The association must serve you with notice of the lien. Once a lien is recorded, it encumbers your title and can prevent you from selling or refinancing your home until it is resolved.

Can I lose my home to HOA foreclosure in Florida?

Yes, but only after specific legal procedures are followed. Under Florida law, an HOA cannot foreclose for unpaid assessments totaling less than $2,500. For amounts greater than 12 months of assessments, the association must offer a payment plan of at least 12 months before filing a foreclosure action. The foreclosure itself requires a court lawsuit — the HOA cannot foreclose non-judicially. If you have received a foreclosure notice from your HOA, contact an attorney immediately.

Can I pay a disputed HOA assessment under protest in Florida?

Yes, and this is often the prudent approach. Paying an assessment "under protest" — with a written statement that you dispute the validity or amount of the assessment but are paying to avoid lien — preserves your right to challenge the assessment while preventing the association from placing a lien on your property during the dispute. An attorney can draft the proper language for a payment under protest that protects your legal rights.