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Florida Statute 720.3085 | Lawyer Caselaw & Research
F.S. 720.3085 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 720
HOMEOWNERS' ASSOCIATIONS
View Entire Chapter
F.S. 720.3085
720.3085 Payment for assessments; lien claims.
(1) When authorized by the governing documents, the association has a lien on each parcel to secure the payment of assessments and other amounts provided for by this section. Except as otherwise set forth in this section, the lien is effective from and shall relate back to the date on which the original declaration of the community was recorded. However, as to first mortgages of record, the lien is effective from and after recording of a claim of lien in the public records of the county in which the parcel is located. This subsection does not bestow upon any lien, mortgage, or certified judgment of record on July 1, 2008, including the lien for unpaid assessments created in this section, a priority that, by law, the lien, mortgage, or judgment did not have before July 1, 2008.
(a) To be valid, a claim of lien must state the description of the parcel, the name of the record owner, the name and address of the association, the assessment amount due, and the due date. The claim of lien secures all unpaid assessments that are due and that may accrue subsequent to the recording of the claim of lien and before entry of a certificate of title, as well as interest, late charges, and reasonable costs and attorney fees incurred by the association incident to the collection process. The person making payment is entitled to a satisfaction of the lien upon payment in full.
(b) By recording a notice in substantially the following form, a parcel owner or the parcel owner’s agent or attorney may require the association to enforce a recorded claim of lien against his or her parcel:

NOTICE OF CONTEST OF LIEN

TO:   (Name and address of association)  

You are notified that the undersigned contests the claim of lien filed by you on  ,   (year)  , and recorded in Official Records Book   at page  , of the public records of   County, Florida, and that the time within which you may file suit to enforce your lien is limited to 90 days following the date of service of this notice. Executed this   day of  ,   (year)  .

Signed:   (Owner or Attorney)  

After the notice of a contest of lien has been recorded, the clerk of the circuit court shall mail a copy of the recorded notice to the association by certified mail, return receipt requested, at the address shown in the claim of lien or the most recent amendment to it and shall certify to the service on the face of the notice. Service is complete upon mailing. After service, the association has 90 days in which to file an action to enforce the lien and, if the action is not filed within the 90-day period, the lien is void. However, the 90-day period shall be extended for any length of time that the association is prevented from filing its action because of an automatic stay resulting from the filing of a bankruptcy petition by the parcel owner or by any other person claiming an interest in the parcel.

(c) The association may bring an action in its name to foreclose a lien for assessments in the same manner in which a mortgage of real property is foreclosed and may also bring an action to recover a money judgment for the unpaid assessments without waiving any claim of lien. The association is entitled to recover its reasonable attorney’s fees incurred in an action to foreclose a lien or an action to recover a money judgment for unpaid assessments.
(d) A release of lien must be in substantially the following form:

RELEASE OF LIEN

The undersigned lienor, in consideration of the final payment in the amount of $ , hereby waives and releases its lien and right to claim a lien for unpaid assessments through  ,   (year)  , recorded in the Official Records Book   at Page  , of the public records of   County, Florida, for the following described real property:

(PARCEL NO.   OR LOT AND BLOCK) OF   (subdivision name)   SUBDIVISION AS SHOWN IN THE PLAT THEREOF, RECORDED AT PLAT BOOK  , PAGE  , OF THE OFFICIAL RECORDS OF   COUNTY, FLORIDA.

  (or insert appropriate metes and bounds description here)  

  (Signature of Authorized Agent)         (Signature of Witness)  

  (Print Name)         (Print Name)  

  (Signature of Witness)  

  (Print Name)  

Sworn to (or affirmed) and subscribed before me this   day of  ,   (year)  , by   (name of person making statement)  .

  (Signature of Notary Public)  

  (Print, type, or stamp commissioned name of Notary Public)  

Personally Known   OR Produced   as identification.

(e) If the parcel owner remains in possession of the parcel after a foreclosure judgment has been entered, the court may require the parcel owner to pay a reasonable rent for the parcel. If the parcel is rented or leased during the pendency of the foreclosure action, the association is entitled to the appointment of a receiver to collect the rent. The expenses of the receiver must be paid by the party who does not prevail in the foreclosure action.
(f) The association may purchase the parcel at the foreclosure sale and hold, lease, mortgage, or convey the parcel.
(2)(a) A parcel owner, regardless of how his or her title to property has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments that come due while he or she is the parcel owner. The parcel owner’s liability for assessments may not be avoided by waiver or suspension of the use or enjoyment of any common area or by abandonment of the parcel upon which the assessments are made.
(b) A parcel owner is jointly and severally liable with the previous parcel owner for all unpaid assessments that came due up to the time of transfer of title. This liability is without prejudice to any right the present parcel owner may have to recover any amounts paid by the present owner from the previous owner. For the purposes of this paragraph, the term “previous owner” shall not include an association that acquires title to a delinquent property through foreclosure or by deed in lieu of foreclosure. The present parcel owner’s liability for unpaid assessments is limited to any unpaid assessments that accrued before the association acquired title to the delinquent property through foreclosure or by deed in lieu of foreclosure.
(c) Notwithstanding anything to the contrary contained in this section, the liability of a first mortgagee, or its successor or assignee as a subsequent holder of the first mortgage who acquires title to a parcel by foreclosure or by deed in lieu of foreclosure for the unpaid assessments that became due before the mortgagee’s acquisition of title, shall be the lesser of:
1. The parcel’s unpaid common expenses and regular periodic or special assessments that accrued or came due during the 12 months immediately preceding the acquisition of title and for which payment in full has not been received by the association; or
2. One percent of the original mortgage debt.

The limitations on first mortgagee liability provided by this paragraph apply only if the first mortgagee filed suit against the parcel owner and initially joined the association as a defendant in the mortgagee foreclosure action. Joinder of the association is not required if, on the date the complaint is filed, the association was dissolved or did not maintain an office or agent for service of process at a location that was known to or reasonably discoverable by the mortgagee.

(d) An association, or its successor or assignee, that acquires title to a parcel through the foreclosure of its lien for assessments is not liable for any unpaid assessments, late fees, interest, or reasonable attorney’s fees and costs that came due before the association’s acquisition of title in favor of any other association, as defined in s. 718.103 or s. 720.301(9), which holds a superior lien interest on the parcel. This paragraph is intended to clarify existing law.
(3) Assessments and installments on assessments that are not paid when due bear interest from the due date until paid at the rate provided in the declaration of covenants or the bylaws of the association, which rate may not exceed the rate allowed by law. If no rate is provided in the declaration or bylaws, interest accrues at the rate of 18 percent per year.
(a) If the declaration or bylaws so provide, the association may also charge an administrative late fee not to exceed the greater of $25 or 5 percent of the amount of each installment that is paid past the due date.
(b) Any payment received by an association and accepted shall be applied first to any interest accrued, then to any administrative late fee, then to any costs and reasonable attorney fees incurred in collection, and then to the delinquent assessment. This paragraph applies notwithstanding any restrictive endorsement, designation, or instruction placed on or accompanying a payment. A late fee is not subject to the provisions of chapter 687 and is not a fine. The foregoing is applicable notwithstanding s. 673.3111, any purported accord and satisfaction, or any restrictive endorsement, designation, or instruction placed on or accompanying a payment. The preceding sentence is intended to clarify existing law.
(c)1. If an association sends out an invoice for assessments or a parcel’s statement of the account described in s. 720.303(4)(j)2., the invoice for assessments or the parcel’s statement of account must be delivered to the parcel owner by first-class United States mail or by electronic transmission to the parcel owner’s e-mail address maintained in the association’s official records.
2. 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 parcel owner. The written notice must be delivered to the parcel 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 owner at his or her last address as reflected in the association’s records and, if such address is not the parcel address, must be sent by first-class United States mail to the parcel address. Notice is deemed to have been delivered upon mailing as required by this subparagraph.
3. A parcel owner must affirmatively acknowledge his or her understanding that the association will change its method of delivery of the invoice for assessments or the statement of the account before the association may change the method of delivering an invoice for assessments or the statement of account. The parcel owner may make the affirmative acknowledgment electronically or in writing.
(d) 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 parcel owner which specifies the amount owed the association and provides the parcel 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 owner at his or her last address as reflected in the association’s records and, if such address is not the parcel address, must also be sent by first-class United States mail to the parcel address. Notice is deemed to have been delivered upon mailing as required by this paragraph. A rebuttable presumption that an association mailed a notice in accordance with this paragraph 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: Parcel   of   (name of association)  

The following amounts are currently due on your account to   (name of association)  , and must be paid within 30 days after the date of this letter. This letter shall serve as the association’s notice to proceed with further collection action against your property no sooner than 30 days after 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.

(4) A homeowners’ association may not file a record of lien against a parcel for unpaid assessments unless a written notice or demand for past due assessments as well as any other amounts owed to the association pursuant to its governing documents has been made by the association. The written notice or demand must:
(a) Provide the owner with 45 days following the date the notice is deposited in the mail to make payment for all amounts due, including, but not limited to, any attorney’s fees and actual costs associated with the preparation and delivery of the written demand. The notice must be in substantially the following form:

NOTICE OF INTENT
TO RECORD A CLAIM OF LIEN

RE: Parcel or (lot/block)   (lot/parcel number)   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     $ .

Other costs     $ .

TOTAL OUTSTANDING     $ .

*Interest accrues at the rate of   percent per annum.

(b) Be sent by registered or certified mail, return receipt requested, and by first-class United States mail to the parcel owner at his or her last address as reflected in the records of the association, if the address is within the United States, and to the parcel owner subject to the demand at the address of the parcel if the owner’s address as reflected in the records of the association is not the parcel address. If the address reflected in the records is outside the United States, then sending the notice to that address and to the parcel address by first-class United States mail is sufficient.
(5) The association may bring an action in its name to foreclose a lien for unpaid assessments secured by a lien in the same manner that a mortgage of real property is foreclosed and may also bring an action to recover a money judgment for the unpaid assessments without waiving any claim of lien. The action to foreclose the lien may not be brought until 45 days after the parcel owner has been provided notice of the association’s intent to foreclose and collect the unpaid amount. The notice must be given in the manner provided in paragraph (4)(b), and the notice may not be provided until the passage of the 45 days required in paragraph (4)(a). The notice must be in substantially the following form:

DELINQUENT ASSESSMENT

This letter is to inform you a Claim of Lien has been filed against your property because you have not paid the   (type of assessment)   assessment to   (name of association)  . The association intends to foreclose the lien and collect the unpaid amount within 45 days of this letter being provided to you.

You owe the interest accruing from   (month/year)   to the present. As of the date of this letter, the total amount due with interest is $ . All costs of any action and interest from this day forward will also be charged to your account.

Any questions concerning this matter should be directed to   (insert name, addresses, and telephone numbers of association representative)  .

(a) The association may recover any interest, late charges, costs, and reasonable attorney’s fees incurred in a lien foreclosure action or in an action to recover a money judgment for the unpaid assessments.
(b) The time limitations in this subsection do not apply if the parcel is subject to a foreclosure action or forced sale of another party, or if an owner of the parcel is a debtor in a bankruptcy proceeding.
(6) If after service of a summons on a complaint to foreclose a lien the parcel is not the subject of a mortgage foreclosure or a notice of tax certificate sale, the parcel owner is not a debtor in bankruptcy proceedings, or the trial of or trial docket for the lien foreclosure action is not set to begin within 30 days, the parcel owner may serve and file with the court a qualifying offer at any time before the entry of a foreclosure judgment. For purposes of this subsection, the term “qualifying offer” means a written offer to pay all amounts secured by the lien of the association plus amounts accruing during the pendency of the offer. The parcel owner may make only one qualifying offer during the pendency of a foreclosure action. If a parcel becomes the subject of a mortgage foreclosure or a notice of tax certificate sale while a qualifying offer is pending, the qualifying offer becomes voidable at the election of the association. If the parcel owner becomes a debtor in bankruptcy proceedings while a qualifying offer is pending, the qualifying offer becomes void.
(a) The parcel owner shall deliver a copy of the filed qualifying offer to the association’s attorney by hand delivery, obtaining a written receipt, or by certified mail, return receipt requested.
(b) The parcel owner’s filing of the qualifying offer with the court stays the foreclosure action for the period stated in the qualifying offer, which may not exceed 60 days following the date of service of the qualifying offer and no sooner than 30 days before the date of trial, arbitration, or the beginning of the trial docket, whichever occurs first, to permit the parcel owner to pay the qualifying offer to the association plus any amounts accruing during the pendency of the offer.
(c) The qualifying offer must be in writing, be signed by all owners of the parcel and the spouse of any owner if the spouse resides in or otherwise claims a homestead interest in the parcel, be acknowledged by a notary public, and be in substantially the following form:

QUALIFYING OFFER
AUTOMATIC STAY INVOKED
PURSUANT TO F.S. 720.3085

I/We, [Name(s) of Parcel Owner(s)], admit the following:

1. The total amount due the association is secured by the lien of the association.

2. The association is entitled to foreclose its claim of lien and obtain a foreclosure judgment for the total amount due if I/we breach this qualifying offer by failing to pay the amount due by the date specified in this qualifying offer.

3. I/We will not permit the priority of the lien of the association or the amounts secured by the lien to be endangered.

4. I/We hereby affirm that the date(s) by which the association will receive $ [specify amount] as the total amount due is [specify date, no later than 60 days after the date of service of the qualifying offer and at least 30 days before the trial or arbitration date], in the following amounts and dates:

5. I/We hereby confirm that I/we have requested and have received from the homeowners’ association a breakdown and total of all sums due the association and that the amount offered above is equal to or greater than the total amount provided by the association.

6. This qualifying offer operates as a stay to all portions of the foreclosure action which seek to collect unpaid assessments as provided in s. 720.3085.

Signed:   (Signatures of all parcel owners and spouses, if any)  

Sworn to and subscribed this   (date)   day of   (month)  ,   (year)  , before the undersigned authority.

Notary Public:   (Signature of notary public)  

If the parcel owner makes a qualifying offer under this subsection, the association may not add the cost of any legal fees incurred by the association within the period of the stay other than costs acquired in defense of a mortgage foreclosure action concerning the parcel, a bankruptcy proceeding in which the parcel owner is a debtor, or in response to filings by a party other than the association in the lien foreclosure action of the association.

(7) If the parcel owner breaches the qualifying offer, the stay shall be vacated and the association may proceed in its action to obtain a foreclosure judgment against the parcel and the parcel owners for the amount in the qualifying offer and any amounts accruing after the date of the qualifying offer.
(8)(a) If the parcel is occupied by a tenant and the parcel owner is delinquent in paying any monetary obligation due to the association, the association may demand that the tenant pay to the association the subsequent rental payments and continue to make such payments until all the monetary obligations of the parcel owner related to the parcel have been paid in full to the association and the association releases the tenant or until the tenant discontinues tenancy in the parcel.
1. The association must provide the tenant a notice, by hand delivery or United States mail, in substantially the following form:

Pursuant to section 720.3085(8), Florida Statutes, we demand that you make your rent payments directly to the homeowners’ association and continue doing so until the association notifies you otherwise.

Payment due the homeowners’ association may be in the same form as you paid your landlord and must be sent by United States mail or hand delivery to   (full address)  , payable to   (name)  .

Your obligation to pay your rent to the association begins immediately, unless you have already paid rent to your landlord for the current period before receiving this notice. In that case, you must provide the association written proof of your payment within 14 days after receiving this notice and your obligation to pay rent to the association would then begin with the next rental period.

Pursuant to section 720.3085(8), Florida Statutes, your payment of rent to the association gives you complete immunity from any claim for the rent by your landlord.

2. A tenant is immune from any claim by the parcel owner related to the rent timely paid to the association after the association has made written demand.
(b) If the tenant paid rent to the landlord or parcel owner for a given rental period before receiving the demand from the association and provides written evidence to the association of having paid the rent within 14 days after receiving the demand, the tenant shall begin making rental payments to the association for the following rental period and shall continue making rental payments to the association to be credited against the monetary obligations of the parcel owner until the association releases the tenant or the tenant discontinues tenancy in the unit. The association shall, upon request, provide the tenant with written receipts for payments made. The association shall mail written notice to the parcel owner of the association’s demand that the tenant pay monetary obligations to the association.
(c) The liability of the tenant may not exceed the amount due from the tenant to the tenant’s landlord. The tenant shall be given a credit against rents due to the landlord in the amount of assessments paid to the association.
(d) The association may issue notice under s. 83.56 and sue for eviction under ss. 83.59-83.625 as if the association were a landlord under part II of chapter 83 if the tenant fails to pay a monetary obligation. However, the association is not otherwise considered a landlord under chapter 83 and specifically has no obligations under s. 83.51.
(e) The tenant does not, by virtue of payment of monetary obligations, have any of the rights of a parcel owner to vote in any election or to examine the books and records of the association.
(f) A court may supersede the effect of this subsection by appointing a receiver.
History.s. 1, ch. 2007-183; s. 1, ch. 2008-175; s. 26, ch. 2010-174; s. 20, ch. 2011-196; s. 7, ch. 2013-218; s. 6, ch. 2014-146; s. 16, ch. 2018-96; s. 7, ch. 2021-91; s. 20, ch. 2023-203.

F.S. 720.3085 on Google Scholar

F.S. 720.3085 on Casetext

Amendments to 720.3085


Arrestable Offenses / Crimes under Fla. Stat. 720.3085
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 720.3085.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE HADFEG,, 585 B.R. 208 (Bankr. S.D. Fla. 2018)

. . . . § 720.3085(2)(b) ("A parcel owner is jointly and severally liable with the previous parcel owner for . . .

EMERALD ESTATES COMMUNITY ASSOCIATION, v. U. S. BANK NATIONAL ASSOCIATION,, 242 So. 3d 429 (Fla. App. Ct. 2018)

. . . Bank an estoppel letter claiming that pursuant to section 720.3085(2)(c), Florida Statutes (2016), it . . . We agree that based on section 720.3085(2)(c) Emerald Estates was not entitled to costs and attorney's . . .

VILLAS OF WINDMILL POINT II PROPERTY OWNERS ASSOCIATION, INC. v. NATIONSTAR MORTGAGE, LLC,, 229 So. 3d 822 (Fla. Dist. Ct. App. 2017)

. . . although the current parcel owner did not directly qualify for the safe harbor provision under section 720.3085 . . . (2)(c), it did indirectly benefit from the safe harbor provision because, under section 720.3085(2)(b . . . The Association overlooks that, under section 720.3085(2)(b), Fannie Mae’s liability was coextensive . . . In other words, CitiMortgage’s entitlement to the safe harbor protection of section 720.3085(2)(c) 'is . . . See § 720.3085(2)(a), (b), Fla. Stat. (2011). Affirmed and Remanded. May and Kuntz, JJ., concur. . . . .

BEACON HILL HOMEOWNERS ASSOCIATION, INC. v. COLFIN AH- FLORIDA LLC,, 221 So. 3d 710 (Fla. Dist. Ct. App. 2017)

. . . Westwood cross-moved for summary judgment, arguing that section 720.3085, Florida Statutes (2013), mandated . . . Pudlit contended that “section 720.3085 did not impose liability upon appellant, because the declaration . . . Nothing in the language of section 720.3085(2)(b) demonstrates that it is “required” to be adopted by . . . The joint and several liability of section 720.3085(2)(b) was not incorporated into the terms of the . . . Section 720.3085((2)(b) provides that a third party purchasing a property is jointly and severally liable . . .

WILMINGTON SAVINGS FUND SOCIETY, FSB, v. BUSINESS LAW GROUP, P. A. LM LLC, 319 F.R.D. 386 (M.D. Fla. 2017)

. . . Stat §§ 718.116(l)(b)(l) (the "Condo Statute”) and 720.3085(2)(c) (the "HOA Statute"). . . . required to pay in excess of the statutory limit provided by Florida Statutes Chapters 718.116(l)(b)(l) or 720.3085 . . .

JALLALI, v. KNIGHTSBRIDGE VILLAGE HOMEOWNERS ASSOCIATION, INC., 211 So. 3d 216 (Fla. Dist. Ct. App. 2017)

. . . This is reflected in section 720.3085, Florida Statutes (2015), which controls homeowners’ association . . . that the lien for unpaid assessments relates back to the recording of the declaration of community. § 720.3085 . . . The provisions of the Declaration of Covenants recorded by the Association operate as section 720.3085 . . . of lis pendens, while a mortgage foreclosure proceeding is pending, is further supported by section 720.3085 . . . such notice “if the parcel is subject to a foreclosure action or forced sale of another party[.]” § 720.3085 . . .

FEDERAL NATIONAL MORTGAGE ASSOCIATION, v. MIRABELLA AT MIRASOL HOMEOWNERS ASSOCIATION, INC., 204 So.3d 164 (Fla. Dist. Ct. App. 2016)

. . . The Florida Legislature, however, modified the common law scheme by enacting Section 720.3085(2)(c), . . . parcel owner and initially joined the association as' a defendant in the mortgage foreclosure action.” § 720.3085 . . .

BALLANTRAE HOMEOWNERS ASSOCIATION, INC. v. FEDERAL NATIONAL MORTGAGE ASSOCIATION,, 203 So. 3d 938 (Fla. Dist. Ct. App. 2016)

. . . The parties agree that section 720.3085, Florida Statutes (20Í3), cannot be retroactively applied and.is . . .

VILLAS OF WINDMILL POINT II PROPERTY OWNERS ASSOCIATION, INC. v. BANK OF NEW YORK MELLON f k a CWALT,, 197 So. 3d 1288 (Fla. Dist. Ct. App. 2016)

. . . BONY filed suit to compel Villas’ compliance with the safe harbor, provision of section 720.3085(2)(c . . . of summary judgment for BONY, because BONY’s affidavit established all the requirements of section 720.3085 . . .

CATALINA WEST HOMEOWNERS ASSOCIATION, INC. v. FEDERAL NATIONAL MORTGAGE ASSOCIATION,, 188 So. 3d 76 (Fla. Dist. Ct. App. 2016)

. . . The trial court fotmd that, pursuant to section 720.3085(2)(c), FNMA’s liability to the Associations- . . . The trial court concluded that because the safe harbor protection of section 720.3085(2)(c) applied, . . . Section 720.3085(2)(c) states "as follows: (c) Notwithstanding ■ anything to the contrary contained in . . . Section 720.3085(3)(b) states as follows: (3) Assessments and installments on assessments that are not . . . In analyzing the safe harbor provision for foreclosing first mortgagees contained in section 720.3085 . . .

CORDERO, v. CRESTWYND BAY HOMEOWNERS ASSOCIATION, INC. ET AL., 186 So. 3d 1136 (Fla. Dist. Ct. App. 2016)

. . . the amounts due, with credit for the payments Cordero made applied to the interest amount per Section 720.3085 . . .

WHITBURN, LLC, v. WELLS FARGO BANK, N. A., 190 So. 3d 1087 (Fla. Dist. Ct. App. 2015)

. . . and that any owner, including a purchaser, is liable for all assessments that come due under section 720.3085 . . .

U. S. BANK NATIONAL ASSOCIATION, By v. A. GRANT, 180 So. 3d 1092 (Fla. Dist. Ct. App. 2015)

. . . The mortgage and note were executed prior to the July 1, 2007 effective date of section 720.3085, Florida . . .

BANK OF AMERICA, NATIONAL ASSOCIATION, By To BAC LP f k a LP, v. ENCLAVE AT RICHMOND PLACE CONDOMINIUM ASSOCIATION, H. J. n k a n k a, 173 So. 3d 1095 (Fla. Dist. Ct. App. 2015)

. . . defendants, with the exception of any assessments'that are superior pursuant to Sections 718.116 or 720.3085 . . .

PUDLIT JOINT VENTURE, LLP, a v. WESTWOOD GARDENS HOMEOWNERS ASSOCIATION, INC. a, 169 So. 3d 145 (Fla. Dist. Ct. App. 2015)

. . . The association cross-moved for summary judgment, arguing that section 720.3085, Florida Statutes (2013 . . . Appellant argued that section 720.3085 did not impose liability upon appellant, because the declaration . . . The statute at issue in this case, section 720.3085, provides: A parcel owner is jointly and severally . . . Nothing in the language of section 720.3085(2)(b) demonstrates that it is “required” to be adopted by . . . The HOA, relying upon section 720.3085, claimed that if the bank purchased the mortgaged premises at . . .

WATERVIEW TOWERS YACHT CLUB- THE ULTIMATE, OWNERS ASSOCIATION, INC. v. C. GIVIANPOUR, 159 So. 3d 174 (Fla. Dist. Ct. App. 2015)

. . . Edelsberg, 129 So.3d 1139, 1141 n. 2 (Fla. 3d DCA 2013) (citing to section 720.3085(l)(c), Florida Statutes . . .

BELTWAY CAPITAL, LLC, v. GREENS COA, INC., 153 So. 3d 330 (Fla. Dist. Ct. App. 2014)

. . . See § 720.3085, Fla. . . .

CENTRAL MORTGAGE COMPANY, v. M. CALLAHAN,, 155 So. 3d 373 (Fla. Dist. Ct. App. 2014)

. . . In its Answer, the Associations asserted entitlement to assessments pursuant to sections 718.116 and 720.3085 . . . specifically reserve jurisdiction to determine the amount of assessments due pursuant to sections 718.116 or 720.3085 . . .

A TO Z PROPERTIES, INC. v. FAIRWAY PALMS II CONDOMINIUM ASSOC. INC., 137 So. 3d 453 (Fla. Dist. Ct. App. 2014)

. . . these cases involved liability for assessments under a statute governing homeowners associations, see § 720.3085 . . . 718.116(1)(a) contains language that is identical in all relevant respects to the language of section 720.3085 . . .

UNITED STATES v. FOREST HILL GARDENS EAST CONDOMINIUM ASSOCIATION, INC., 990 F. Supp. 2d 1344 (S.D. Fla. 2014)

. . . Section 720.3085(2)(c), Florida Statutes, provides as follows: Notwithstanding anything to the contrary . . . liability to twelve months of “unpaid common expenses and regular periodic or special assessments.” § 720.3085 . . . Stat.; § 720.3085(2)(a), Fla. Stat. . § 718.116(3), Fla. Stat.; see also § 720.3085(3), Fla. Stat. . . .

LUNOHAH INVESTMENTS, LLC. v. GASKELL,, 158 So. 3d 619 (Fla. Dist. Ct. App. 2013)

. . . title action, asserting that Appellant remained liable for the unpaid assessments by virtue of section 720.3085 . . . survive the issuance of the tax deed by operation of sections 197.552 and 197.573(2), pursuant to section 720.3085 . . . Section 720.3085(2)(b), on the other hand, is a more general statute that purports to impose liability . . . If section 720.3085(2)(b) is construed to apply here, it is directly contradictory to the more specific . . . Doing so here leads us to the inescapable conclusion that section 720.3085(2)(b) does not apply to a . . .

CHASE FINANCIAL SERVICES, LLC. v. S. EDELSBERG, J., 129 So. 3d 1139 (Fla. Dist. Ct. App. 2013)

. . . See § 720.3085(l)(c), Fla. . . .

CRICKET PROPERTIES, LLC, a v. NASSAU POINTE AT HERITAGE ISLES HOMEOWNERS ASSOCIATION, INC., 124 So. 3d 302 (Fla. Dist. Ct. App. 2013)

. . . Cricket filed a motion to strike this affirmative defense in which it argued that section 720.3085(2) . . . The issue before the trial court on Nassau’s third affirmative defense was whether section 720.3085(2 . . . The court ultimately concluded that section 720.3085(2)(b) supersedes the provision in section 197.573 . . . On appeal, Cricket argues that the trial court erred in ruling that section 720.3085(2)(b) supersedes . . . 720.3085(2)(b) was enacted later in time. . . .

J. ROSENBERG, v. METROWEST MASTER ASS N, INC., 116 So. 3d 641 (Fla. Dist. Ct. App. 2013)

. . . Busey Bank, N.A., 30 So.3d 579, 583-84 (Fla. 2d DCA 2010) (holding that section 720.3085, which makes . . .

OCEAN BANK, v. AVENUE OFFICE PARK CONDOMINIUM ASSOCIATION, INC., 95 So. 3d 432 (Fla. Dist. Ct. App. 2012)

. . . between the appellee condominium association, which had filed an action to foreclose its lien, see § 720.3085 . . .

ABBY, v. PAIGE,, 903 F. Supp. 2d 1330 (S.D. Fla. 2012)

. . . . § 720.3085(3)(b) (emphasis added). . . .

In JIMENEZ s, 472 B.R. 106 (Bankr. M.D. Fla. 2012)

. . . . § 720.3085(1) reads: When authorized by the governing documents, the [homeowners’] association has . . . Stat. § 720.3085 does not apply. Notice is a fundamental principle of property law. . . . Stat. § 720.3085 because it does not refer to Chapter 720 specifically. . . . Stat. § 720.3085 (emphasis added). . . . . Stat. § 720.3085. . Holly Lake Ass’n v. Federal Nat. Mortg. . . .

BANK OF NEW YORK CWMBS, CHL SERIES v. MOORINGS AT EDGEWATER CONDOMINIUM ASSOCIATION, INC. II Jo I n k a III d b a s, 79 So. 3d 164 (Fla. Dist. Ct. App. 2012)

. . . See § 720.3085(2)(c), Fla. Stat. (2008). . . .

ECOVENTURE WGV, LTD. v. SAINT JOHNS NORTHWEST RESIDENTIAL ASSOCIATION, INC., 56 So. 3d 126 (Fla. Dist. Ct. App. 2011)

. . . (hereafter “Eco-venture”), challenges whether section 720.3085, Florida Statutes (2007), may be applied . . . Ecoventure refused and the Association filed suit, arguing that its Declaration and section 720.3085 . . . In relevant part, the trial court found that section 720.3085 operated “outside of the Declarations” . . . Because Ecoventure was a parcel owner as defined by section 720.3085(1), the trial court concluded it . . . Of the arguments raised by Ecoventure, the one we find dispositive is whether applying section 720.3085 . . .

JV, v. LITTLE HOUSE, LLC,, 50 So. 3d 691 (Fla. Dist. Ct. App. 2010)

. . . that LR5A’s 2005 recorded mortgage was superior to the Association’s assessment liens and that section 720.3085 . . . As the Association points out, LR5A is not obligated under section 720.3085, Florida Statutes, to pay . . .

CORAL LAKES COMMUNITY ASSOCIATION, INC. v. BUSEY BANK, N. A., 30 So. 3d 579 (Fla. Dist. Ct. App. 2010)

. . . Bank had no liability to the HOA for past due HOA assessments that the HOA claimed pursuant to section 720.3085 . . . The Bank also claimed that, as a matter of law, the statutory changes to section 720.3085 should not . . . Little House, LLC, 998 So.2d 1173, 1175 (Fla. 5th DCA 2008) (holding section 720.3085(2), Florida Statutes . . . The statutory change in section 720.3085 cannot disturb that prior, established contractual relationship . . . To avoid this longstanding principle, the HOA argues that even if applying section 720.3085 to this case . . .

JV, LP, v. LITTLE HOUSE, LLC LLC, 998 So. 2d 1173 (Fla. Dist. Ct. App. 2008)

. . . The Association moved for rehearing, asserting that section 720.3085, Florida Statutes, which became . . . The Association argues that section 720.3085(2), Florida Statutes, grants its lien priority over any . . . This argument is predicated on the first sentence of section 720.3085(2), Florida Statutes (2007), which . . . Consequently, section 720.3085(2) is inapplicable because LR5A-JV is not the parcel owner; it is merely . . . We decline to address whether section 720.3085 can be retroactively applied because this issue is not . . .