Legal Question in Real Estate Law in Florida

Can a Homeowners Association place a lien or forclose on you property

My parents have been paying their mortgage but havent been able to pay their homeowners assocation yearly fee. They owe $905.00 covering the last 5 years. The lawyers of the HOA has sent them a letter threating to forclose on the property or place a lien if they dont pay it in full in 30 days. Can they do this although my parents havent paid off their home? What does this mean?


Asked on 7/29/04, 5:55 pm

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Can a Homeowners Association place a lien or forclose on you property

Yes, the lawyers can do that on behalf of the HOA. If you don't pay a claim of lien may be filed, and within one year from the filing of the claim of lien, a lawsuit to foreclose the lien can be filed. The longer your parents wait to pay it off, the more money they will owe as a result of interest, late charges, attorney's fees and other recoverable expenses. They can attempt to negotiate a reduction of the amount owed in exchange for payment in one lump sum within a certain period of time. If a compromise is made, confirm it in writing. Good luck.

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Answered on 7/29/04, 6:04 pm


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