Legal Question in Real Estate Law in Florida
Claim of lien unlawful?
My home owners association has placed a claim of lien on my property
for failure to pay a special assessment. I never received any bill or notice
of the assessment before being contacted by the lawyer. I have paid all
other monthly fees. 45+ other owners also received claims. Can they do
that? What steps should I take to dispute?
2 Answers from Attorneys
Re: Claim of lien unlawful?
Homeowner's Associatations are controlled by their own Documents. Special Assessments are most likely provided for in the Declarations and you should consult the same documents to challenge the assessment.
Re: Claim of lien unlawful?
Contact whomever filed the claim of lien for the details. Perhaps after discussion you can pay the assessment amount without added penalties. The actions of the association are controlled by the delaration of condominum and the by-laws of the H/A. If the actions did not comply then you have a valid challenge. You may wish to consult with competent counsel in your locale. I suggest you do not delay.
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