Legal Question in Credit and Debt Law in Florida

My HOA apparently signed an agreement with a company that does Property Tax Adjustment to lower the value of all the properties in our association for tax purposes. They allegedly sent a letter to me advising that we had an option to "Opt Out" of the service by a certain date. They have since billed me and added collections to my credit report. I mailed a certified letter directly to the company detailing that we have signed no contract and did not want the service in the first place and I have also requested that they provide me with proof of their right to bill me.

I received a response back from the collections agency once again explain about the "Opt Out" and stating if I wanted to read the contract I could contact my association to review the details.

How in the world is this even possible?


Asked on 4/27/12, 1:51 pm

3 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

to begin with they can not adjust your tax bases on the property. This is done by the appraiser's office for the county. Secondly, I would contact the appraiser's office and see who else is being scammed by this.

If they are talking about lower HOA fees, then the board should be advising you of the changes in its policy.

As to your credit report - since when does an agency file against a creditor report without having first billed a debtor.

You got some splaining to do Lucy!

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Answered on 4/27/12, 2:59 pm
Sanford M. Martin Sanford M. Martin, P.A.

If you are an owner of property subject to the HOA rules, then the HOA may take

certain actions in the interest of the owners whom they represent. To determine

whether the HOA acted properly regarding the PTA, it is necessary to review your

HOA rules and provisions. As described by you, the HOA actions are not

unusual. You could have opted out or may still be able to opt out. But when

you buy property subject to HOA law and rules, such actions are possible. You

may want to read the rules, attend meetings, contact the HOA, etc.

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Answered on 4/27/12, 3:01 pm
David Slater David P. Slater, Esq.

I agree with Mr. Martin. The issue is with your HOA and their authority.

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Answered on 4/27/12, 3:06 pm


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