Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 720.3085 - Full Text and Legal Analysis
Florida Statute 720.3085 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 720.3085 Case Law from Google Scholar Google Search for Amendments to 720.3085

The 2025 Florida Statutes

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, simple interest accrues at the rate of 18 percent per year. Notwithstanding the declaration or bylaws, compound interest may not accrue on assessments and installments on assessments that are not paid when due.
(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)(a)10.b., 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; s. 10, ch. 2024-221.

F.S. 720.3085 on Google Scholar

F.S. 720.3085 on CourtListener

Amendments to 720.3085


Annotations, Discussions, Cases:

Cases Citing Statute 720.3085

Total Results: 35

Coral Lakes Community Ass'n v. Busey Bank, N.A.

30 So. 3d 579, 2010 Fla. App. LEXIS 1799, 2010 WL 567251

District Court of Appeal of Florida | Filed: Feb 19, 2010 | Docket: 1639454

Cited 7 times | Published

assessments that the HOA claimed pursuant to section 720.3085(2), Florida Statutes (2008). The disposition

Beltway Capital, LLC v. Greens COA, Inc.

153 So. 3d 330, 2014 Fla. App. LEXIS 19783, 2014 WL 6834331

District Court of Appeal of Florida | Filed: Dec 5, 2014 | Docket: 60245229

Cited 6 times | Published

to homeowners associations and timeshares. See § 720.3085, Fla. Stat. (2014) (limiting liability of "first

Cricket Properties, LLC v. Nassau Pointe at Heritage Isles Homeowners Ass'n

124 So. 3d 302, 2013 WL 5288863, 2013 Fla. App. LEXIS 14968

District Court of Appeal of Florida | Filed: Sep 20, 2013 | Docket: 60235443

Cited 4 times | Published

up to the time of transfer of title” under section 720.3085(2)(b), Florida Statutes (2011).1 Cricket filed

Beacon Hill Homeowners Assoc., Inc. v. Colfin Ah-Florida 7, LLC

221 So. 3d 710, 2017 WL 2265370, 2017 Fla. App. LEXIS 7526

District Court of Appeal of Florida | Filed: May 24, 2017 | Docket: 6065465

Cited 3 times | Published

the joint and several liability provision of section 720.3085(2)(b) Florida Statutes (2016) was incorporated

Whitburn, LLC v. Wells Fargo Bank, N.A.

190 So. 3d 1087, 2015 Fla. App. LEXIS 18951, 2015 WL 9258474

District Court of Appeal of Florida | Filed: Dec 18, 2015 | Docket: 3022463

Cited 3 times | Published

liable for all assessments that come due under section 720.3085(2), Florida Statutes (2011). Wells Fargo

A to Z Properties, Inc. v. Fairway Palms II Condominium Ass'n

137 So. 3d 453, 2014 WL 1031407, 2014 Fla. App. LEXIS 3923

District Court of Appeal of Florida | Filed: Mar 19, 2014 | Docket: 60240318

Cited 3 times | Published

statute governing homeowners associations, see § 720.3085(2), Fla. Stat., their reasoning applies equally

Pudlit 2 Joint Venture, LLP v. Westwood Gardens Homeowners Association

169 So. 3d 145, 2015 Fla. App. LEXIS 8020, 2015 WL 3388254

District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 2679302

Cited 2 times | Published

cross-moved for summary judgment, arguing that section 720.3085, Florida Statutes (2013), clearly mandates

LR5A-JV, LP v. Little House, LLC

998 So. 2d 1173, 2008 Fla. App. LEXIS 19414, 2008 WL 5352084

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 1701431

Cited 2 times | Published

Association moved for rehearing, asserting that section 720.3085, Florida Statutes, which became effective

Rosenberg v. Metrowest Master Ass'n

116 So. 3d 641, 2013 WL 3357517, 2013 Fla. App. LEXIS 10755

District Court of Appeal of Florida | Filed: Jul 5, 2013 | Docket: 60232432

Cited 1 times | Published

579, 583-84 (Fla. 2d DCA 2010) (holding that section 720.3085, which makes purchasers at foreclosure liable

Bank of New York v. Moorings at Edgewater Condominium Ass'n

79 So. 3d 164, 2012 WL 385491, 2012 Fla. App. LEXIS 1785

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 60305250

Cited 1 times | Published

title to the property— which it likely would. See § 720.3085(2)(c), Fla. Stat. (2008). The Association argued

Ecoventure WGV, Ltd. v. Saint Johns Northwest Residential Ass'n

56 So. 3d 126, 2011 Fla. App. LEXIS 3266, 2011 WL 830626

District Court of Appeal of Florida | Filed: Mar 11, 2011 | Docket: 60298528

Cited 1 times | Published

(hereafter “Eco-venture”), challenges whether section 720.3085, Florida Statutes (2007), may be applied to

Georgetown Community Association, Inc. v. Steve Elie

District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71209493

Published

operation of Fla. Stat. § 702 [sic], et seq., § 720.3085, and § 720.305, Appellees are entitled

US Bank National Association, Not in Its Individual Capacity but Solely as Trustee for the RMAC Trust, Series 2016-CTT v. the Estate of Ismael Zayas, Alexander Zayas, Sr., Alexander Zayas, Jr., as Personal Representative of the Estate of Ismael Zayas, Diana Zayas and Angelina Ruggirello

District Court of Appeal of Florida | Filed: Aug 1, 2025 | Docket: 70989226

Published

due any association under § 718.116 or § 720.3085. The Court also reserves jurisdiction so

Carlos Gabriel Carus, Jr. v. Gladys Fidelia

District Court of Appeal of Florida | Filed: Apr 10, 2024 | Docket: 68422864

Published

LOBREE, JJ. PER CURIAM. Affirmed. See § 720.3085(2)(b), Fla. Stat. (2022) (“A parcel owner is

LILIA BELKOVA, Individually, and as successor Trustee of the Land Trust Agreement, No:072003 Dated 2/9/04 v. DEER RUN PROPERTY OWNERS' ASSOCIATION, INC.

District Court of Appeal of Florida | Filed: Aug 23, 2023 | Docket: 67718525

Published

of lien for assessments in accordance with section 720.3085, Florida Statutes (2016); and (2) a count

GARY PASH, Trustee of the HEBERT AND MINNIE PASCH FAMILY TRUST DATED MAY 12, 1996, etc. v. MAHOGANY WAY HOMEOWNERS ASSOC. INC.

District Court of Appeal of Florida | Filed: Jan 27, 2021 | Docket: 45654127

Published

assessments due and, therefore, did not comply with section 720.3085(1)(a), Florida Statutes (2018), requiring

In re Hadfeg

585 B.R. 208

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 30, 2018 | Docket: 65790528

Published

encumbrances on the condominium. See Fla. Stat. § 720.3085(2)(b) ("A parcel owner is jointly and severally

EMERALD ESTATES COMMUNITY ASSOCIATION v. U.S. BANK NATIONAL ASSOC.

242 So. 3d 429

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354251

Published

estoppel letter claiming that pursuant to section 720.3085(2)(c), Florida Statutes (2016), it was entitled

VILLAS OF WINDMILL POINT II PROPERTY OWNERS' ASSOC., INC. v. NATIONSTAR MORTGAGE, LLC

229 So. 3d 822

District Court of Appeal of Florida | Filed: Oct 25, 2017 | Docket: 6179301

Published

property owner’s liability for assessments under section 720.3085(2), Florida Statutes (2011). We affirm the

Jallali v. Knightsbridge Village Homeowners Ass'n

211 So. 3d 216, 2017 Fla. App. LEXIS 82

District Court of Appeal of Florida | Filed: Jan 4, 2017 | Docket: 60262559

Published

of a first mortgage. This is reflected in section 720.3085, Florida Statutes (2015), which controls homeowners’

Federal National Mortgage Ass'n v. Mirabella at Mirasol Homeowners' Ass'n

204 So. 3d 164, 2016 Fla. App. LEXIS 17583

District Court of Appeal of Florida | Filed: Nov 23, 2016 | Docket: 63630532

Published

modified the common law scheme by enacting Section 720.3085(2)(c), Florida Statutes, sometimes referred

Ballantrae Homeowners Association, Inc. v. Federal National Mortgage Association

203 So. 3d 938, 2016 Fla. App. LEXIS 13268

District Court of Appeal of Florida | Filed: Sep 2, 2016 | Docket: 4418860

Published

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

Villas of Windmill Point II Property Owners' Ass'n v. Bank of New York Mellon

197 So. 3d 1288, 2016 Fla. App. LEXIS 13220, 2016 WL 4547956

District Court of Appeal of Florida | Filed: Aug 31, 2016 | Docket: 60256200

Published

compliance with the safe harbor, provision of section 720.3085(2)(c), Florida Statutes, and for declaratory

Fallon Rahima Jallali v. Knightsbridge Village Homeowners Association, Inc.

District Court of Appeal of Florida | Filed: Jun 29, 2016 | Docket: 3088370

Published

of the mortgage. This is reflected in section 720.3085, Florida Statutes (2015), which controls homeowners’

Catalina West Homeowners Association, Inc. v. Federal National Mortgage Association

188 So. 3d 76, 2016 Fla. App. LEXIS 4889

District Court of Appeal of Florida | Filed: Mar 30, 2016 | Docket: 3049135

Published

protection provided to first mortgagees in section 720.3085(2)(c), Florida Statutes (2014). Specifically

Cordero v. Crestwynd Bay Homeowners Ass'n

186 So. 3d 1136, 2016 Fla. App. LEXIS 4234, 2016 WL 1062800

District Court of Appeal of Florida | Filed: Mar 18, 2016 | Docket: 60253709

Published

Cordero made applied to the interest amount per Section 720.3085(3)(b), Florida Statutes (2015). This spreadsheet

U.S. Bank National Association v. Ralph A. Grant and Deborah Grant, husband and wife and Pipers Landing, Inc.

180 So. 3d 1092, 2015 Fla. App. LEXIS 18025, 2015 WL 7752864

District Court of Appeal of Florida | Filed: Dec 2, 2015 | Docket: 3017400

Published

prior to the July 1, 2007 effective date of section 720.3085, Florida Statutes (2007). See

Waterview Towers Yacht Club-The Ultimate, etc. v. Saeid C. Givianpour First City etc.

159 So. 3d 174

District Court of Appeal of Florida | Filed: Feb 4, 2015 | Docket: 2631633

Published

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

United States v. Forest Hill Gardens East Condominium Ass'n

990 F. Supp. 2d 1344, 2014 WL 28723, 2014 U.S. Dist. LEXIS 488

District Court, S.D. Florida | Filed: Jan 3, 2014 | Docket: 65996629

Published

liability of foreclosing first mortgagees. Section 720.3085(2)(c), Florida Statutes, provides as follows:

Lunohah Investments, LLC. v. Gaskell

158 So. 3d 619, 2013 WL 6816627, 2013 Fla. App. LEXIS 20384

District Court of Appeal of Florida | Filed: Dec 27, 2013 | Docket: 60246265

Published

liable for the unpaid assessments by virtue of section 720.3085(2)(b), Florida Statutes (2011), which imposes

Chase Financial Services, LLC v. Edelsberg

129 So. 3d 1139, 2013 WL 6800978, 2013 Fla. App. LEXIS 20337

District Court of Appeal of Florida | Filed: Dec 26, 2013 | Docket: 60237305

Published

foreclosures of homeowners’ association liens. See § 720.3085(l)(c), Fla. Stat. (2013) (providing that an "association

Ocean Bank v. 107 Avenue Office Park Condominium Ass'n

95 So. 3d 432, 2012 WL 3316873, 2012 Fla. App. LEXIS 13462

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60311235

Published

had filed an action to foreclose its lien, see § 720.3085, Fla. Stat. (2010), and the appellant mortgagee

Abby v. Paige

903 F. Supp. 2d 1330, 2012 WL 2930529, 2012 U.S. Dist. LEXIS 99516

District Court, S.D. Florida | Filed: Jul 18, 2012 | Docket: 65986327

Published

then to the delinquent assessment.” Fla. Stat. § 720.3085(3)(b) (emphasis added). Assuming Defendants complied

In re Jimenez

472 B.R. 106, 23 Fla. L. Weekly Fed. B 337, 2012 WL 1889792, 2012 Bankr. LEXIS 2378

United States Bankruptcy Court, M.D. Florida | Filed: May 23, 2012 | Docket: 65783905

Published

Declaration.13 The relevant section of Fla. Stat. § 720.3085(1) reads: When authorized by the governing documents

LR5A-JV v. Little House, LLC

50 So. 3d 691, 2010 Fla. App. LEXIS 18944, 2010 WL 5017323

District Court of Appeal of Florida | Filed: Dec 10, 2010 | Docket: 2396967

Published

the Association's assessment liens and that section 720.3085(2), Florida Statutes (2007), did not dictate