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threat of forclosue do to late payments to a community association in fl

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jcc4@earthlink

Junior Member
My husband and I bought a home in 2004 in a golf and country club in florida. We understood that there were association dues to be paid monthly, which covered the ammenities in the community. In August of 2005, we began to have some financial difficulties and had been unable to make the payments. They did notify us of the amount owed thru a letter from an attorneys office, but stupidly, we did not respond soon enough....about 3 weeks later, we recieved a certified letter from the same attorneys office. This letter stated that the association had attached a lien on our home for the amount past due, as well as an accelerated payment of dues for the entire year of 2006. They are theatning us with forclosure proceedings, if this lien amount is not paid in full by May. Can they legally start forclosue for this debt ( we told them that we could make payment on the past due amount and also stay current with our forthcoming dues. Is it legel in Florida to put a lien on monies that are not yet due,,,and can they forclose on our property for this. I would like to add that this has nothing to do with our mortgage...we have never been late and remain current to thia day. Thank you to whoever responds to this post...My husband and I have never been in this type of situation and are having many stressfull days and sleepless nights. Thanks for listening and I will hopefully get some good advice from those of you that know so much more than we do. God Bless
 


HomeGuru

Senior Member
jcc4@earthlink said:
My husband and I bought a home in 2004 in a golf and country club in florida. We understood that there were association dues to be paid monthly, which covered the ammenities in the community. In August of 2005, we began to have some financial difficulties and had been unable to make the payments. They did notify us of the amount owed thru a letter from an attorneys office, but stupidly, we did not respond soon enough....about 3 weeks later, we recieved a certified letter from the same attorneys office. This letter stated that the association had attached a lien on our home for the amount past due, as well as an accelerated payment of dues for the entire year of 2006. They are theatning us with forclosure proceedings, if this lien amount is not paid in full by May. Can they legally start forclosue for this debt ( we told them that we could make payment on the past due amount and also stay current with our forthcoming dues. Is it legel in Florida to put a lien on monies that are not yet due,,,and can they forclose on our property for this. I would like to add that this has nothing to do with our mortgage...we have never been late and remain current to thia day. Thank you to whoever responds to this post...My husband and I have never been in this type of situation and are having many stressfull days and sleepless nights. Thanks for listening and I will hopefully get some good advice from those of you that know so much more than we do. God Bless

**A: read your CC&R's with respect to default for failure to pay HOA fees.
 

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