718.121

Liens.

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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.c., 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; s. 12, ch. 2024-244.

Notes of Decisions

Cited in 13 cases (3 in the last 5 years), 1986–2024 · leading case: Trintec Const., Inc. v. COUNTRYSIDE VILL. CONDO., ASS'N, INC.

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Trintec Const., Inc. v. COUNTRYSIDE VILL. CONDO., ASS'N, INC. (2008) fladistctapp · cites it 9× “The parties' written submissions disagree regarding the primacy of the condominium law provision regarding mechanic's liens, see section 718.121, Florida Statutes (2006), versus section 713.”

South Florida Coastal Electric, Inc. v. Treasures on the Bay II Condo Ass'n (2012) fladistctapp · cites it 3× “2 Treasures further contends that any disputes of fact are immaterial because under Section 718.121, Florida Statutes (2005), it cannot be liable as a matter of law for South Florida’s work.”

In Re Bryan Road, LLC (2008) flsb · cites it 5× “The Debtor relies for this proposition on Florida Statutes § 718.121(1), which provides: (1) Subsequent to recording the declaration [of condominium] and while the property remains subject to the declaration, no liens of any nature are valid against the condominium property as a…”

Royal Ambassador v. E. Coast Supply (1986) fladistctapp · cites it 6× “Liens on condominiums are controlled by section 718.121, Florida Statutes. Paraphrasing, subsection (1) provides that, after the declaration of condominium is recorded, no liens are valid against condominium property as a whole unless the unit owners unanimously consented…”

Parc Central Aventura East Condominium v. Victoria Group Services, LLC (2011) fladistctapp · cites it 5× “The Victoria Group purported to file the claim of lien in this case pursuant to Chapter 713 and section 718.121 of the Florida Statutes (2009).”

Sunshine Meadows Condominium Association, Inc. v. BANK ONE, DAYTON (1992) fladistctapp · cites it 2× “" With respect to the imposition of liens on condominium property, section 718.121(1), Florida Statutes, states: 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…”

Bank One, Dayton, N.A. v. Sunshine Meadows Condominium Ass'n (1994) fla · cites it 2× “” § 718.121(1), Fla. Stat. (1983) (emphasis added).”

Green Terrace E33, LLC v. Joseph Abruzzo, as Clerk and Comptroller for Palm Beach County, Florida (2024) fladistctapp · cites it 35× “Section 718.121 prohibits liens against a condominium as a whole without the unanimous consent of the condominium unit owners: Subsequent to recording the declaration and while the property remains subject to the declaration, no liens of any nature are valid against the…”

In Re Bryan Road, LLC (2008) flsb · cites it 2× “§ 718.121 (1) does not establish that I have plainly misconstrued *301 the law.”

High Point Condominium Resorts v. Day (1986) fladistctapp · cites it 3× “a duty on the managing entity to pay the real estate taxes on entire time-share developments and to seek reimbursement from the time-share owners (which would, of course, raise even more serious constitutional questions), the statute apparently contemplates that the managing…”

In Re Maison Grande Condominium Ass'n, Inc. (2010) flsb · cites it 2× “See Fla. Stat. § 718.121 (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…”

CARLOS EDUARDO GONCALVES v. SOUTH TOWER AT THE POINT CONDOMINIUM, INC., etc. (2022) fladistctapp “See also § 718.121(6), Fla. Stat. (2019) (requiring association to deliver to unit owner a notice of intent to record lien and further providing that such notice must be in “substantially” the form set forth within the statute).”

Show all 13 citing cases →

— 718.121(1) — 7 cases

In Re Bryan Road, LLC (2008) flsb “The Debtor relies for this proposition on Florida Statutes § 718.121(1), which provides: (1) Subsequent to recording the declaration [of condominium] and while the property remains subject to the declaration, no liens of any nature are valid against the condominium property as a…”

Royal Ambassador v. E. Coast Supply (1986) fladistctapp “Liens on condominiums are controlled by section 718.121, Florida Statutes. Paraphrasing, subsection (1) provides that, after the declaration of condominium is recorded, no liens are valid against condominium property as a whole unless the unit owners unanimously consented…”

Sunshine Meadows Condominium Association, Inc. v. BANK ONE, DAYTON (1992) fladistctapp “" With respect to the imposition of liens on condominium property, section 718.121(1), Florida Statutes, states: 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…”

Bank One, Dayton, N.A. v. Sunshine Meadows Condominium Ass'n (1994) fla “” § 718.121(1), Fla. Stat. (1983) (emphasis added).”

Trintec Const., Inc. v. COUNTRYSIDE VILL. CONDO., ASS'N, INC. (2008) fladistctapp “The parties' written submissions disagree regarding the primacy of the condominium law provision regarding mechanic's liens, see section 718.121, Florida Statutes (2006), versus section 713.”

— 718.121(2) — 4 cases

South Florida Coastal Electric, Inc. v. Treasures on the Bay II Condo Ass'n (2012) fladistctapp “2 Treasures further contends that any disputes of fact are immaterial because under Section 718.121, Florida Statutes (2005), it cannot be liable as a matter of law for South Florida’s work.”

Green Terrace E33, LLC v. Joseph Abruzzo, as Clerk and Comptroller for Palm Beach County, Florida (2024) fladistctapp “Section 718.121 prohibits liens against a condominium as a whole without the unanimous consent of the condominium unit owners: Subsequent to recording the declaration and while the property remains subject to the declaration, no liens of any nature are valid against the…”

— 718.121(3) — 2 cases

High Point Condominium Resorts v. Day (1986) fladistctapp “a duty on the managing entity to pay the real estate taxes on entire time-share developments and to seek reimbursement from the time-share owners (which would, of course, raise even more serious constitutional questions), the statute apparently contemplates that the managing…”

— 718.121(4) — 1 case

GATELAND VILLAGE CONDOMINIUM, INC. v. MARY ELIZABETH HOLLY (2022) fladistctapp

— 718.121(6) — 1 case

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