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Common Elements is not a law firm and does not provide legal services. Plain-English summaries, topic guides, and synced statutory text help you find the right citation faster. Always confirm the current official version on the official leg.state.fl.us (statutes) or flrules.org (administrative rules) before relying on any citation.
Viewing Florida statutes
How assessments are levied, when a lien attaches, interest and late fees, and the path toward foreclosure.
When this usually comes up
A unit owner is delinquent, the board is debating a claim of lien, or counsel asks for the statutory cite.
Topic guides are written for Florida law today. Use the state picker on statute pages when browsing other jurisdictions; linked sections below are from the Florida library.
Condo assessments (718.116)
How assessments work: liability for assessments runs with the unit (joint and several with prior owners for delinquent amounts subject to limits), the lien arising automatically, recording of claims of lien, statutory interest, late fees, and the foreclosure path when assessments go unpaid. This is the collection playbook for every Florida condo association.
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HOA assessments (720.3085)
HOA's parallel to § 718.116. Covers how assessments become a lien, the foreclosure procedure, the 1% / month statutory interest cap, and the safe-harbor cap on past-due assessments a new owner inherits after foreclosure by a mortgagee.
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Co-op assessments (719.108)
Common Elements summary — Section 719.108 is the cooperative assessment-collection engine. It establishes that every member is liable for assessments and rent under the proprietary lease, and that the association has a lien against the member's cooperative interest (shares plus proprietary lease) for unpaid amounts. The lien is enforceable by foreclosure in the same manner as a real-property mortgage foreclosure. Three Florida-specific rules matter. First, the cooperative's lien has priority over all other liens recorded after the date of recordation of the original declaration of cooperative — meaning the association generally beats subsequent mortgagees, but a first mortgage recorded before the declaration retains its priority. Second, a cooperative can pursue both judicial foreclosure of the lien AND an eviction action under Chapter 83 for the same delinquency — the dual-track remedy is unique to the cooperative structure. Third, a 45-day pre-foreclosure notice is required, just like Chapter 718. For boards: when an owner falls behind, the cooperative's remedies are stronger than a condo's because of the landlord-tenant overlay. But the procedural steps (notice, hearing, lien, foreclosure) must be followed in order. Skipping the pre-foreclosure notice is a complete defense to the foreclosure.
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