Legal Question in Real Estate Law in Florida

HOA : filing a lein for nonpayment of HOA dues

It appears that a percentage of owners in our HOA are attempting to avoid paying their annual dues of $600 for political reasons. The board's question is: Do we need the services of an attorney to file a lien on their property or can board members do it themselves using forms from books.


Asked on 8/13/07, 2:05 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: HOA : filing a lein for nonpayment of HOA dues

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You need to have an attorney file the Claim of Lien on the property. There are certain formalities which must be followed which if done incorrectly can be very costly to the Association. The cost of the filing fee and all legal fees are chargeable to the delinquent member and will be added to the principal on the Claim of Lien.

Scott R. Jay, Esq.

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Answered on 8/13/07, 2:14 am


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