Can my HOA charge interest and late fees on delinquent assessments in Florida?
Short Answer
Yes. Under Florida Statutes §720.3085, Florida HOAs can charge interest on delinquent assessments at a rate not exceeding the rate set in the governing documents, or 18% per year (1.5% per month) if the documents are silent. Late fees are also permitted if authorized by the governing documents.
Relevant Florida Law
- § F.S. §720.3085 — Governs assessment collection, liens, payoff rights, foreclosure, and the 18% annual cap on interest for delinquent assessments unless the governing documents set a lower rate.
- § F.S. §720.308 — Establishes HOA assessment authority and members' obligation to pay properly levied assessments.
What this means for homeowners
If you are a Florida homeowner researching florida hoa late fees and interest rules, focus on the required notice, governing-document authority, deadlines, records, and dispute options under F.S. §720.3085.
- Save the notice, rule, account ledger, meeting notice, or board decision connected to this liens issue
- Request an itemized statement of all charges — principal, interest, late fees, and attorney fees
- Verify the interest rate in your governing documents does not exceed 18% per year
- Check whether late fees are authorized in the CC&Rs — they must be authorized to be valid
- If charges seem inflated, dispute them in writing before paying
- Ask whether the HOA will consider a written payment arrangement; interest may continue unless the HOA agrees otherwise
Review your Florida HOA liens rights
Ask the AI assistantWhat this means for board members
Florida HOA boards should confirm authority in the governing documents, follow the required notice or meeting process, and document each decision before acting on florida hoa late fees and interest rules under F.S. §720.3085.
- ✓ Confirm the association's governing documents and Florida law authorize the action
- ✓ Confirm the interest rate in the governing documents does not exceed 18% per year
- ✓ Charge late fees only if authorized by the CC&Rs or bylaws
- ✓ Apply payments in statutory order per §720.3085: interest accrued → administrative late fee → costs and attorney fees → delinquent assessment principal
- ✓ Include interest and fee calculations in all payoff statements
- ✓ Document the interest start date for each delinquent account
Common Mistakes to Avoid
- ✕ Charging interest above 18% per year without governing document authority
- ✕ Charging late fees not authorized in the governing documents
- ✕ Applying payments to fees before the delinquent assessment principal
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Last reviewed: 2026-05-29 · Version 2026.1