Florida Association Law

Florida Assessment Notices: Keep Billing Changes and Collection Steps Separate

SB 56 introduced protections for assessment billing and collection. Current HOA and condominium statutes use separate notices for separate purposes.

myHomeSpot Resource Library · Reviewed 2026-11-04

Original illustration for Florida Assessment Notices: Keep Billing Changes and Collection Steps Separate: financial planning and a stylized neighborhood.

Assessment collection works best when the association can show an accurate balance and a properly documented notice sequence. Florida SB 56 became Chapter 2021-91, effective July 1, 2021. Its changes addressed assessment invoices, delivery-method changes, late-assessment notices, and collection procedures. Boards should use the current statutes for their association type rather than simply reuse a summary of the 2021 bill.

Changing invoice delivery requires more than a new portal

For condominiums, section 718.121 addresses assessment invoices and account statements. The parallel HOA provisions appear in section 720.3085. If an association sends these documents, the statutes permit first-class mail or electronic transmission to the owner's email address maintained in the official records.

Before changing the delivery method, the association must provide the specified written notice at least 30 days before using the new method and obtain the owner's affirmative acknowledgment of the change. The acknowledgment may be electronic or written. A general announcement that the community is moving to an online portal should not be treated as proof that every owner has met those requirements.

The association should maintain the notice, mailing information, acknowledgment, and effective change date in a retrievable record. Owners who have not completed the process may require a different workflow from those who have.

A late notice is its own collection step

The statutes prohibit requiring payment of attorney fees related to a past-due assessment before delivering the prescribed late-assessment notice and providing the opportunity to pay without those fees. The statutory forms provide a 30-day payment period. Required mailing addresses and the means of establishing proof of mailing deserve careful attention.

A notice of intent to record a lien is a different document. Section 718.121 contains a 45-day condominium lien-notice requirement. Section 720.3085 separately addresses the HOA's lien demand and later foreclosure notice. A routine invoice does not automatically satisfy these steps, and a notice generated by accounting software may omit required language or delivery procedures.

The board should have counsel approve its collection policy and forms, including how payments, disputed charges, bankruptcy, pending mortgage foreclosure, and special circumstances are handled. This overview is not a complete foreclosure timeline and should not be used to calculate the date to record a lien or file suit.

Practical board checklist

  • Confirm whether the account is governed by the condominium or HOA collection provisions.
  • Reconcile the ledger, assessment authority, payments, interest, and permitted charges.
  • Preserve invoice-delivery change notices and each owner's affirmative acknowledgment.
  • Use the correct late-assessment form and maintain evidence of required mailing.
  • Have counsel verify later lien and foreclosure notices and their separate deadlines.
  • Recheck the balance before each escalation so a recent payment is not overlooked.

Accurate notices help owners understand what they owe and provide a fair opportunity to resolve the account before legal costs grow.

Reviewed November 4, 2026. Florida educational information only. Obtain association-specific legal advice before acting.

Sources and further reading

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