association fees and liens

[william badmai]

What is the name of your state (only U.S. law)?

FLORIDA

I live in a gated community. I have fallen behind on my association fees. They have put a lien

on my home stating that they sent one letter via mail, Which I might have assumes was typical

junk mail), and also stated they sent one certified letter, which i never signed for and don't

recall receiving. They state that I must pay the rest of the year assoc. fees and attorney fees

to release the lien. Can the lien stand? What about the lawyer fee?

 

[colourfastt]

What is the name of your state (only U.S. law)?

FLORIDA

I live in a gated community. I have fallen behind on my association fees. They have put a lien

on my home stating that they sent one letter via mail, Which I might have assumes was typical

junk mail), and also stated they sent one certified letter, which i never signed for and don't

recall receiving. They state that I must pay the rest of the year assoc. fees and attorney fees

to release the lien. Can the lien stand? What about the lawyer fee?

I spent 4 years as the president of my HOA in FL and then went to work for an association management company, so I'll take a stab at this. A lien for non-payment of assessments is a 3 step process. First you will have received a late notice by first class mail. Second, you would have received an "ITL" (Intent To create a Lien) notice by both first class mail and certified mail with return receipt. Finally, if the past due assessments haven't been paid the association's attorney will file a lien against the property, again with dual notice. If the lien isn't satisfied (pay your dues) then the association can have the lien foreclosed upon (yes, they will take your house!!). And in addition to the assessments due there will be attorney's fee, late fees, administrative fees, etc. added to your account that will have to be paid ... and note: according to FL statute when you finally pay the last disbursement is against the dues, everything else gets paid first so you can't just send what you owe in dues and think that's the end of it.