Legal Question in Real Estate Law in Florida

Re: Condo places Lien on unit

A lien should only be placed on a unit for delinquent assessments - not fines, or violation of any other covenants or board rules or regulations.

The condo association must comply with Florida Statutes 718.116. These may be found online at Florida "Online Sunshine" (just click on 'statutes'). Section 718.116 is under Title XL, "Real Property", Part I. The assessments must also comply with your governing documents (Declaration of Condominium and Bylaws). A few of the important statutory requirements include:

The association may charge interest and late fees as the governing documents (Declaration of Condomin ium and Bylaws) so provide, but maximum amounts are set by statute.

Only an attorney or the association can place a lien (not a property manager).

An attorney must comply with the Federal Debt Collection Practices Act (FDCPA). (You can google FDCPA)

Also please note F.S. 718.116(5)(a) .

" The association has a lien on each condominium parcel to secure the payment of assessments.

The lien is effective from and shall relate back to the recording of the original declaration of condominium...l."

What this means is that the Florida legislature, in its wisdom, created a statutory exception to the state constitutional homestead protection.

This is important. This means that a condo association can not only lien, but foreclose a homestead property just as a first mortgagee can.

A unit owner in a condo, or a homeowner in an HOA should NEVER refuse to pay assessments claiming a violation by the board (or any other reason). Some homeownes think they can place assessment money "in escrow" because the Board has acted improperly on one thing or another.

The ONLY defense to foreclosure for assessments is (1) "I already paid" or (2) The Board illegally charged the assessment.

The latter is risky. Better to pay the assessment, then fight your battle, if you have one. You won't lose your home that way.

Re: Condo places Lien on unit

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.

A lien is placed on a unit by the Association's attorney filing a Claim of Lien against the unit in a format in compliance with Chapter 718 of the Florida Statutes. Notice of the Claim of Lien is sent by certified mail to the unit owner. The Association has the right to foreclose on the unit if it is not paid in a timely fashion. The Lien is good for a period of one year and will expire if a suit to foreclose was not filed in that time.

Scott R. Jay, Esq.

Re: Condo places Lien on unit

It is very simply. You need to pay now.