Legal Question in Credit and Debt Law in Florida

I own a home in Florida in a community which has a HOA. As such, I have quarterly dues I am required to pay. I was late for one of my quarterly payments, and after 30 days, with no attempt to contact me by phone, the management company turned it over to collections, which happened to be a law firm. The law firm, then sends me a letter saying they were collecting on behalf of the mgmt. company and they are charging fees in the amount of approx. 100% of the outstanding balance. Is this legal? Doesn't the management company have a responsibility to take more than 30 days to attempt to collect the debt before they immediately turn it over to collection? Are there rules that protect consumer from these usurious fees?

Thanks for your feedback.


Asked on 11/19/09, 1:52 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

You will need to look at the bylaws of the HOA. Someone can turn your account over to collections the minute that it is due. What extra fees and expenses they can charge you for if you fail to pay should be set out in the HOA documents.

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Answered on 11/24/09, 2:41 pm
Angelo Marino Angelo Marino Jr. PA

Best thing to do is to become a member of the HOA and put a stop to this kind of collection practices. see www.ConsumerLawyerHelp.com

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Answered on 11/24/09, 7:04 pm


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