The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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F.S. 718.121

718.121 Liens.—

(1) Subsequent to recording the declaration and while the property remains subject to the declaration, no liens of any nature are valid against the condominium property as a whole except with the unanimous consent of the unit owners. During this period, liens may arise or be created only against individual condominium parcels.

(2) Labor performed on or materials furnished to a unit may not be the basis for the filing of a lien under part I of chapter 713, the Construction Lien Law, against the unit or condominium parcel of any unit owner not expressly consenting to or requesting the labor or materials. Labor performed on or materials furnished for the installation of a natural gas fuel station or an electric vehicle charging station under s. 718.113(8) may not be the basis for filing a lien under part I of chapter 713 against the association, but such a lien may be filed against the unit owner. Labor performed on or materials furnished to the common elements are not the basis for a lien on the common elements, but if authorized by the association, the labor or materials are deemed to be performed or furnished with the express consent of each unit owner and may be the basis for the filing of a lien against all condominium parcels in the proportions for which the owners are liable for common expenses.

(3) If a lien against two or more condominium parcels becomes effective, each owner may relieve his or her condominium parcel of the lien by exercising any of the rights of a property owner under chapter 713, or by payment of the proportionate amount attributable to his or her condominium parcel. Upon the payment, the lienor shall release the lien of record for that condominium parcel.

(4)(a) If an association sends out an invoice for assessments or a unit’s statement of the account described in s. 718.111(12)(a)11.b., the invoice for assessments or the unit’s statement of account must be delivered to the unit owner by first-class United States mail or by electronic transmission to the unit owner’s e-mail address maintained in the association’s official records.

(b) Before changing the method of delivery for an invoice for assessments or the statement of the account, the association must deliver a written notice of such change to each unit owner. The written notice must be delivered to the unit owner at least 30 days before the association sends the invoice for assessments or the statement of the account by the new delivery method. The notice must be sent by first-class United States mail to the unit owner at his or her last address as reflected in the association’s records and, if such address is not the unit address, must be sent by first-class United States mail to the unit address. Notice is deemed to have been delivered upon mailing as required by this paragraph.

(c) A unit owner must affirmatively acknowledge his or her understanding that the association will change its method of delivery of the invoice for assessments or the unit’s statement of the account before the association may change the method of delivering an invoice for assessments or the statement of account. The unit owner may make the affirmative acknowledgment electronically or in writing.

(5) 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 unit owner which specifies the amount owed the association and provides the unit owner an opportunity to pay the amount owed without the assessment of attorney fees. The notice of late assessment must be sent by first-class United States mail to the unit owner at his or her last address as reflected in the association’s records and, if such address is not the unit address, must also be sent by first-class United States mail to the unit address. Notice is deemed to have been delivered upon mailing as required by this subsection. A rebuttable presumption that an association mailed a notice in accordance with this subsection is established if a board member, officer, or agent of the association, or a manager licensed under part VIII of chapter 468, provides a sworn affidavit attesting to such mailing. The notice must be in substantially the following form:

NOTICE OF LATE ASSESSMENT

RE: Unit of (name of association)

The following amounts are currently due on your account to (name of association) , and must be paid within 30 days of the date of this letter. This letter shall serve as the association’s notice of its intent to proceed with further collection action against your property no sooner than 30 days of the date of this letter, unless you pay in full the amounts set forth below:

Maintenance due (dates) $ .

Late fee, if applicable $ .

Interest through (dates) * $ .

TOTAL OUTSTANDING $ .

*Interest accrues at the rate of percent per annum.

(6) Except as otherwise provided in this chapter, no lien may be filed by the association against a condominium unit until 45 days after the date on which a notice of intent to file a lien has been delivered to the owner by registered or certified mail, return receipt requested, by first-class United States mail to the owner at his or her last address as reflected in the association’s records and, if such address is not the unit address, by first-class United States mail to the unit address. Notice is deemed to have been delivered upon mailing as required by this subsection, provided that it is in substantially the following form:

NOTICE OF INTENT
TO RECORD A CLAIM OF LIEN

RE: Unit of (name of association)

The following amounts are currently due on your account to (name of association) , and must be paid within 45 days after your receipt of this letter. This letter shall serve as the association’s notice of intent to record a Claim of Lien against your property no sooner than 45 days after your receipt of this letter, unless you pay in full the amounts set forth below:

Maintenance due (dates) $ .

Late fee, if applicable $ .

Interest through (dates) * $ .

Certified mail charges (dates) $ .

Other costs $ .

TOTAL OUTSTANDING $ .

*Interest accrues at the rate of percent per annum.

History.—s. 1, ch. 76-222; s. 26, ch. 90-109; s. 858, ch. 97-102; s. 12, ch. 2008-28; s. 3, ch. 2008-202; s. 4, ch. 2014-146; s. 4, ch. 2018-96; s. 102, ch. 2019-3; s. 3, ch. 2021-91; s. 7, ch. 2021-99.

F.S. 718.121 on Google Scholar

F.S. 718.121 on Casetext

Amendments to 718.121

Arrestable Offenses / Crimes under Fla. Stat. 718.121

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.121.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SOUTH FLORIDA COASTAL ELECTRIC, INC. v. TREASURES ON BAY II CONDO ASS N, INC., 89 So. 3d 264 (Fla. Dist. Ct. App. 2012)

. . . Treasures further contends that any disputes of fact are immaterial because under Section 718.121, Florida . . . against all condominium parcels in the proportions for which the owners are liable for common expenses. § 718.121 . . .

PARC CENTRAL AVENTURA EAST CONDOMINIUM, v. VICTORIA GROUP SERVICES, LLC,, 54 So. 3d 532 (Fla. Dist. Ct. App. 2011)

. . . Victoria Group purported to file the claim of lien in this case pursuant to Chapter 713 and section 718.121 . . . by a Final Judgment of Foreclosure on the individual condominium units under Chapter 713 and section 718.121 . . . that the trial court erred in foreclosing the claim of lien filed pursuant to Chapter 713 and section 718.121 . . . Ass’n, 992 So.2d 277, 279 (Fla. 3d DCA 2008) (“[Sjection 718.121(3) confirms that if a valid lien encumbers . . . be the basis for the filing of a lien against all condominium parcels” within the meaning of section 718.121 . . .

In MAISON GRANDE CONDOMINIUM ASSOCIATION, INC. a, 425 B.R. 684 (Bankr. S.D. Fla. 2010)

. . . . § 718.121(3) (“If a lien against two or more condominium parcels becomes effective, each owner may . . .

TRINTEC CONSTRUCTION, INC. v. COUNTRYSIDE VILLAGE CONDOMINIUM ASSOCIATION, INC., 992 So. 2d 277 (Fla. Dist. Ct. App. 2008)

. . . We consider in turn section 718.121(2) of the Florida Statutes; the applicable provisions of Chapter . . . Section 718.121(2) Section 718.121, entitled “Liens,” protects unit owners by limiting the manner in . . . First, section 718.121(1) requires the unanimous consent of all unit owners for the imposition of any . . . Finally, section 718.121(3) confirms that if a valid lien encumbers multiple condominium parcels, each . . . See § 718.121(2). B. . . .

In BRYAN ROAD, LLC,, 389 B.R. 297 (Bankr. S.D. Fla. 2008)

. . . First, the Debtor questions my legal analysis of Florida Statutes § 718.121(1) and the Florida Supreme . . . Stat. § 718.121(1) does not establish that I have plainly misconstrued the law. . . .

In BRYAN ROAD, LLC,, 382 B.R. 844 (Bankr. S.D. Fla. 2008)

. . . The Debtor relies for this proposition on Florida Statutes § 718.121(1), which provides: (1) Subsequent . . . I conclude that the Debt- or’s reliance on § 718.121(1) and Sunshine Meadows is misplaced. . . . Section 718.121(1) expressly provides that a lien which describes “the condominium property as a whole . . . The purpose of § 718.121(1) is made clear in Sunshine Meadows. . . . It is clear that § 718.121(1) was designed to protect third party condominium unit owners from liens . . .

BANK ONE, DAYTON, N. A. v. SUNSHINE MEADOWS CONDOMINIUM ASSOCIATION, INC., 641 So. 2d 1333 (Fla. 1994)

. . . .” § 718.121(1), Fla. Stat. (1983) (emphasis added). . . .

SUNSHINE MEADOWS CONDOMINIUM ASSOCIATION, INC. v. BANK ONE, DAYTON, N. A. a, 599 So. 2d 1004 (Fla. Dist. Ct. App. 1992)

. . . With respect to the imposition of liens on condominium property, section 718.121(1), Florida Statutes . . .

ROYAL AMBASSADOR CONDOMINIUM ASSOCIATION, INC. v. EAST COAST SUPPLY CORP. a, 495 So. 2d 932 (Fla. Dist. Ct. App. 1986)

. . . Royal argues strenuously that section 718.121(1), Florida Statutes (1981), renders East Coast’s lien . . . In support of this contention, East Coast relies on subsection (2) of section 718.121, which states that . . . Liens on condominiums are controlled by section 718.121, Florida Statutes. . . . respective percentage share of common expenses in the claim of lien would neatly comply with section 718.121 . . .

HIGH POINT CONDOMINIUM RESORTS, LTD. v. DAY,, 494 So. 2d 508 (Fla. Dist. Ct. App. 1986)

. . . or can, pay all the taxes because the statute gives the managing entity a lien pursuant to section 718.121 . . . Section 718.121 relates to liens against all condominium units for labor and materials furnished, with . . . It is noted that section 718.121(3) specifically provides that each condominium owner can relieve his . . .