Past Due Notices

Do Associations have an Obligation to Provide Actual Notice of Past-Due Assessments Before Filing a Lawsuit?

Before an association can file a complaint to foreclose its lien, it must provide to the delinquent member via certified mail at least 45 days’ written notice of the intent to foreclose. Fla. Stat. §720.3085(5). The notice cannot be sent until at least 45 days after the association has previously provided notice of its intent to record its lien. The notice must provide contact information for an HOA representative and state the amounts claimed (e.g., past-due assessments, interest, late charges, attorney’s fees). Id. An HOA can alternatively elect to pursue a money judgment against the lot-owner, rather than judicial foreclosure. Id.