Florida’s Condominium Act has a new notice requirement. This may come as welcome news to probably no board members, but it involves the collection of past due assessments, so it’s important. Beginning July 1, 2021, condominium associations may not demand or collect attorney’s fees related to a past due assessment without first delivering written notice to the unit owner. The notice must specify the amount owed, must give the unit owner an opportunity to pay without the assessment of attorney fees and must be in substantially the following form.
NOTICE OF LATE ASSESSMENT
RE: Unit (____) of (name of association)
The following amounts are currently due on your account to (name of association), and must be paid within 30 days of the date of this letter. This letter shall serve as the association’s notice of its intent to proceed with further collection action against your property no sooner than 30 days of 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.
This notice must be sent by first-class United States mail to the unit owner’s last known address as reflected in the association’s records. If such address is not the unit address, the notice must also be sent by first-class mail to the unit address. Notice is deemed to have been delivered upon mailing. A sworn affidavit attesting to such mailing provided by an association’s board member, officer, agent or licensed community association manager creates a rebuttable presumption of compliance with this new notice requirement.
Setnor Byer Insurance & Risk can help associations and board members identify, manage and insure their unique risks. Please contact our team to discuss the various risk management services we provide our condominium association clients, including our Unit Owner Report Line and Division-Approved New Board Member Education.