Legal Question in Credit and Debt Law in Florida

Purchased a condo a year and half ago. Never had any notice(s) or demand for a condo fees sent to us so we contacted the community management company several times and they explained that it was their mistake since we were not added as new owners to their billing system on time. They promised to correct this so we can pay the past due on their website. They never added us to the system, sent us payment coupons or gave us any alternate payment option.

Without prior notice we recently were surprised to receive a collection letter from the condo association's attorney requesting a payment of approximately $9k for the past due fees which include late fees and attorneys' fees.

We tried to contact the community management company and left few messages in hope to resolve the issue. After few phone calls the secretary told us we can only talk to their attorney.

Please note that I'm now current on my monthly association fees since I just received my first coupon book for 2013. before that we never revived any notice(s) demanding condo fee or even documents that reflects what, if any association fees requirement are due.

We would like to pay what is owed but refuse to be penalized for late fees and attorney's fees for the management company incompetency and have hard time to pay all of it upfront.

Should we send a letter of dispute and validation to the association attorney ?

If we do so can the association add legal fees in the naen time?

What are best options under the Florida state laws?

Thank you in advance.


Asked on 2/12/13, 6:26 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Send a letter to both, disputing their claims. Send certified mail. Good luck.

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Answered on 2/12/13, 7:27 am
Lucreita Becude Lucreita D. Becude, P.A.

I suggest you also hire an attorney - you will have a hard time fighting them on this issue and hoa non payment can allow the association to head for foreclosure on your unit.

if I can be of assistance, please contact my office for an appointment. 904-997-1031

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Answered on 2/12/13, 8:06 am
Sanford M. Martin Sanford M. Martin, P.A.

FL law, including recently passed statutes, govern the legal process. You should consult

an attorney if the HOA will not talk to you. First, mediation before arbitration or filing a

suit is required. FL, especially south FL, has experienced increasing HOA disputes

like yours. Advice: if you believe you have been treated unfairly by the condo assoc,

don't yield to their demands but consult an attorney.

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Answered on 2/12/13, 10:41 am


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