Fee spiral — Florida’s payment order
Florida version of the fee spiral: a small assessment, then interest, late fees, and attorney lines, then a circuit foreclosure and sometimes a clerk sale. On both the HOA book and the condo book, a payment the association accepts is applied first to interest, then to the administrative late fee, then to costs and reasonable attorney fees incurred in collection, and only then to the delinquent assessment. A check you thought killed the assessments may have been eaten by the fee pile. If the governing documents allow a late fee, the statute discusses a cap at the greater of $25 or 5 percent of the installment — open the subsection; do not invent a rate. Ask for the split and the invoices behind attorney lines. Questions homeowners often review with a licensed Florida attorney include the date printed on a summons. This app does not send the request.
Fla. Stat. § 720.3085(3)(b) / § 718.116(3)