Serving NTOs on HOAs: A Guide for Florida Contractors

Learn how to properly serve a Notice to Owner (NTO) on an HOA to protect your lien rights.

ARIELA WAGNER

by

Ariela C. Wagner

|

WORKER SMILING

Attorney Reviewed

Last updated:

Jul

11

,

2025

Published:

Apr 18, 2025

5 mins

Read

In Florida construction projects, contractors and Homeowners Associations (HOAs) often work together on community improvements, repairs, or renovations. However, securing payment for work performed in HOA-governed communities requires strict adherence to Florida’s construction lien laws. One of the most critical steps in protecting a contractor’s lien rights is serving a Notice to Owner (NTO).

While serving an NTO is standard practice in most construction projects, serving one on an HOA can be tricky due to their unique organizational structure. This guide explains the importance of NTOs, how to serve them correctly on HOAs, and the potential pitfalls contractors should avoid.  

What is a Notice to Owner (NTO)?  

A Notice to Owner (NTO) is a legal document required under Florida’s Construction Lien Law (Chapter 713, Part I). It informs the property owner (or in this case, the HOA) that a contractor, subcontractor, or supplier is contributing labor or materials to the project and reserves the right to file a lien if unpaid.

  • Who must serve an NTO?
  • Subcontractors and material suppliers must serve an NTO if they do not have a direct contract with the owner (or HOA).
  • General contractors typically do not need to serve an NTO since they contract directly with the owner.
  • Why is it important?
  • Failure to serve an NTO on time can waive a contractor’s right to file a lien, making it difficult to recover unpaid funds.
CTA – Send your NTO in less than 60 seconds! - Send Now

When and Why to Serve an NTO to an HOA

Contractors working on HOA projects must serve the NTO before commencing work or delivering materials. The deadline for serving an NTO is 45 days from the first day of work or material delivery.

  • Why serve an NTO to an HOA?
  • HOAs act as the legal "owner" for common areas or community-wide projects.
  • Even if the HOA is not the direct payer (e.g., individual homeowners fund the project), the NTO must still be served to preserve lien rights.

Identifying the Correct HOA Entity for Service

One of the biggest challenges is determining who exactly should receive the NTO. HOAs can be structured in different ways:

  • HOA Board vs. Management Company
  • Some HOAs are self-managed by a board of directors.
  • Others hire property management companies to handle operations.
  • Best Practice:
  • Check the HOA’s recorded governing documents (usually available at the county clerk’s office).
  • Serve the NTO to the HOA’s official mailing address (often listed in the community’s declaration).
  • If a management company is involved, confirm whether they are authorized to accept legal notices.

How to Serve an NTO to an HOA

  • Florida law allows NTOs to be served via:
    1. Certified Mail (Return Receipt Requested) – Recommended for proof of delivery.
    2. Personal Delivery – Hand-delivered to the HOA’s president, secretary, or registered agent.
    3. Overnight Courier (FedEx/UPS with tracking) – Also acceptable.
  • Documentation is Key:
  • Keep a copy of the NTO and proof of service (e.g., certified mail receipt, delivery confirmation).
  • If serving via email, ensure the HOA has agreed in writing to accept electronic notices.

Challenges Contractors May Face When Serving NTOs to HOAs

Graphic - Challenges Contractors May Face When Serving NTOs to HOAs – Mention Below Points
  • Delays in receipt – HOAs may not check mail promptly.
  • Disputes over proper service – The HOA may claim they never received it.
  • No response or acknowledgment – Unlike private owners, HOAs may not confirm receipt.

What Happens If an NTO Is Not Properly Served?

  • Loss of lien rights – A missed or improperly served NTO can prevent a contractor from filing a lien.
  • Payment disputes – Without a valid NTO, recovering unpaid funds becomes much harder.
  • Possible remedies:
  • If the NTO was late but the HOA was not prejudiced, a court might allow the lien (but this is risky).
  • Consult a construction attorney immediately if there’s an issue.

Best Practices for Serving NTOs on HOAs

Graphic - Best Practices for Serving NTOs on HOAs – Mention Below Points
  • Confirm the HOA’s legal name and address (check county records if unsure).
  • Use certified mail with return receipt for verifiable proof.
  • Keep detailed records of all communications with the HOA.
  • Serve the NTO early—don’t wait until the 45-day deadline approaches.  

Legal Considerations and Resources

  • Florida’s lien laws are strict, and mistakes can be costly.
  • If in doubt, consult a Florida construction attorney before proceeding.
  • Some contractors use professional lien services to ensure proper NTO filing.

Key Takeaway

Serving an NTO on an HOA requires extra diligence due to their organizational complexities. By following the correct procedures—identifying the right recipient, using certified mail, and keeping thorough records—contractors can protect their lien rights and ensure they get paid for their work.

Stay informed about Florida’s lien laws with SunRay, as changes can impact NTO requirements. When in doubt, seek legal advice to avoid costly mistakes.  

CTA - Avoid Payment Issues— Send Your NTO Now! - Send Now

FAQs: Serving NTOs on HOAs in Florida

1. Do I need to serve an NTO if I have a direct contract with the HOA?

No. If you are the direct contractor (i.e., you signed a contract with the HOA), you typically do not need to serve an NTO. However, subcontractors and material suppliers working under you must serve an NTO to preserve their lien rights.

2. What happens if the HOA management company refuses to accept the NTO?

If the management company refuses delivery, you may need to:

  • Serve the NTO directly to the HOA’s board president or registered agent (check Florida corporate records).
  • Attempt service via certified mail (proof of mailing can help in disputes).
  • Consult a construction attorney if the HOA is being uncooperative.  

3. Can I serve an NTO via email or fax?  

Florida law does not explicitly allow email or fax for NTO service unless the HOA has agreed in writing to accept notices electronically. To be safe, use certified mail, personal delivery, or overnight courier with tracking.

4. What if I miss the 45-day deadline to serve the NTO?

Missing the deadline can waive your lien rights. However, in rare cases, if the HOA was not harmed by the delay, a court might allow the lien—but this is risky. Your best options are:

  • Negotiate payment directly with the HOA.
  • File a breach of contract claim (if applicable).
  • Consult an attorney to explore legal remedies.  

5. Does an NTO guarantee I’ll get paid?  

No—an NTO only preserves your right to file a lien if unpaid. To secure payment:

  • Send pre-lien notices if payment is delayed.
  • Consider a payment bond claim if the project is bonded.  

Sunray Construction Solutions offers professional "Notice to Owner Florida" services to help you secure your mechanics lien florida rights in the construction industry. Looking for a free Notice to Owner form in Florida? Get your free, editable "Florida Notice to Owner Template" today for easy and accurate preparation.

FAQs: Fundamentals of Lien Laws

No items found.

About Author

ARIELA WAGNER

Ariela C. Wagner

Ariela is the president and founder of SunRay Construction Solutions. She has over 18 years of construction industry experience. Read More>

WORKER SMILING

Send your NTO in less than 60 seconds!

Send Now

Contact Us Today

Want to get paid faster? Contact us by filling out the below form!

Thank you! Let's get you paid!
Oops! Something went wrong while submitting the form.
Subscribe to Newsletter