Legal Question in Real Estate Law in Florida

HOA vs. home owner

I sent a check to my HOA which was not cashed. I sent another March 16,2015.

March 17,2015 I receievdd a letter from a lawyer. They want late fees and a lawyer fee. I called them and explained I already sent a check.

They said they would get back with me.

Today I recieved a certified letter with my check asking for the amount owed, late fees and a lawyer fee OR they will take a lean on my home.

This is for under $600 dollars. I will not pay the lawyer fee. This was requested after I attempted to pay again!

This is a ridiculous from the lawyer.

It strong arming.


Asked on 4/04/15, 8:03 pm

1 Answer from Attorneys
Jean Winters Winters & Winters, PA

I don't know what your question is. You also do not say whether you timely paid the assessment. The Association does need to accept your payment. If you were late, and there is an assessment unpaid, then you owe the attorney's fee. As a matter of Florida law, all payments are to be applied first to interest, then to late fees, attorneys fees and finally the assessment. I wish I could help more, but you have not provided enough information.

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Answered on 4/04/15, 9:36 pm


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