Assessment Obligation

Who is Legally Obligated to Pay HOA fees to the Association?

Membership within the HOA of a community subject to an association is mandatory in Florida. Fla. Stat. §720.301(9). Generally, assessments are owed by every lot owner and assessed per lot so that a lot owned by two owners is only assessed once, but one owner who owns more than one lot will pay assessments for each lot owned. Florida associations can collect different proportions of assessments from different classes of lots – based on their state of development, the services needed, and “other relevant factors” – as long as separate classes are authorized by the governing documents. Fla. Stat. §720.308(1)(a).

If a member rents to a tenant a home or condo subject to association fees, the association can attach rent payments owed from the tenant to the delinquent owner. Fla. Stat. §§718.116(c), 720.3085(8). The tenant is obligated to make payment to the association upon receiving notice of the attachment, and payments are credited toward the delinquent assessment balance and the tenant’s rent. Id. An association can file an eviction suit against a tenant who has received an attachment but refuses to provide payments to the association. Id.