Florida Statute 721.16 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 721
VACATION AND TIMESHARE PLANS

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721.16 Liens for overdue assessments; liens for labor performed on, or materials furnished to, a timeshare unit.—

(1) The managing entity has a lien on a timeshare interest for any assessment levied against that timeshare interest from the date such assessment becomes due. The managing entity also has a lien on a timeshare interest of any purchaser for the cost of any maintenance, repairs, or replacement resulting from an act of such purchaser or purchaser’s guest that results in damage to the timeshare property or facilities made available to the purchasers.

(2) The managing entity may bring a judicial action in its name to foreclose a lien under subsection (1) in the manner a mortgage of real property is foreclosed and may also bring an action to recover a money judgment for the unpaid assessments without waiving any claim of lien. As an alternative to initiating a judicial action, the managing entity may initiate a trustee procedure to foreclose an assessment lien under s. 721.855.

(3) The lien is effective from the date of recording a claim of lien in the official records of the county or counties in which the timeshare interest is located. The claim of lien shall state the name of the timeshare plan and identify the timeshare interest for which the lien is effective, state the name of the purchaser, state the assessment amount due, and state the due dates. Notwithstanding any provision of s. 718.116(5) or s. 719.108(4) to the contrary, the lien is effective until satisfied or until 5 years have expired after the date the claim of lien is recorded unless, within that time, an action to enforce the lien is commenced pursuant to subsection (2). A claim of lien for assessments may include only assessments which are due when the claim is recorded. A claim of lien shall be signed and acknowledged by an officer or agent of the managing entity. Upon full payment, the person making the payment is entitled to receive a satisfaction of the lien.

(4) A judgment in any action or suit brought under this section shall include costs and reasonable attorney’s fees for the prevailing party.

(5) Labor performed on a timeshare unit, or materials furnished to a timeshare unit, shall not be the basis for the filing of a lien pursuant to part I of chapter 713, the Construction Lien Law, against the timeshare unit of any timeshare-period owner not expressly consenting to or requesting the labor or materials.

(6) This section shall not apply to personal property timeshare plans.

History.—s. 1, ch. 81-172; s. 53, ch. 85-62; s. 4, ch. 88-403; s. 27, ch. 90-109; s. 26, ch. 90-151; s. 23, ch. 2000-302; s. 15, ch. 2004-279; s. 3, ch. 2010-134.

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Amendments to 721.16

Annotations, Discussions, Cases:

Cases Citing Statute 721.16

Total Results: 2 | Sort by: Relevance | Newest First

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High Point Condo. Resorts v. Day, 494 So. 2d 508 (Fla. 5th DCA 1986).

Cited 2 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1812, 1986 Fla. App. LEXIS 9400

...ich would, of course, raise even more serious constitutional questions), the statute apparently contemplates that the managing entity will, or can, pay all the taxes because the statute gives the managing entity a lien pursuant to section 718.121 or section 721.16 on the time-share periods for taxes and assessments....

...It is noted that section 718.121(3) specifically provides that each condominium owner can relieve his unit of such a lien by payment of a proportionate amount of such labor or material lien for improvement of common elements. This statute solves none of the problems created by section 192.037. Section 721.16 purports to give the managing entity a lien against time-share estates for overdue assessments (apparently only special assessments not tax assessments) which lien can be foreclosed as a real estate mortgage or under the Uniform Commercial Code....

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State v. Hull, 545 So. 2d 510 (Fla. 2d DCA 1989).

Published | Florida 2nd District Court of Appeal | 14 Fla. L. Weekly 1629, 1989 Fla. App. LEXIS 3744

...The state contends in these appeals that upon convictions for four separate crimes calling statutorily for fifteen years maximum sentences, the trial court was required to run the sentences consecutively because of the guideline recommendation, notwithstanding Section 721.16(1), Florida Statutes (1987)....

...See State v. Thomas, 528 So.2d 1274 (Fla. 3d DCA 1988). We recognize the conflict and decline to follow Bra-nam, supra, and hold that a trial judge still has the power and discretion to make sentences run either consecutively or concurrently pursuant to Section 721.16(1), Florida Statutes (1987)....

...We do not find that the adoption of the guideline sentencing statute either removed the maximum sentence provided for individual crimes or deprived a trial judge of authority to make sentences either concurrently or consecutively pursuant to specific legislative grant of authority by Section 721.16(1), Florida Statutes (1987)....

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