Legal Question in Real Estate Law in Florida

lein from hoa

can a hoa place a lein on your townhouse , if they placed an assessment on everyone and we do not pay it ! it is over 1000.00 and they want their money right now !


Asked on 8/01/07, 5:44 pm

2 Answers from Attorneys

Jean Winters Winters & Winters, PA

Re: lein from hoa

YES, an HOA can place a lien on your townhouse if you do not pay assessments. Depending on what your HOA governing documents say, the Association can also add up to 18% interest and late fees, as well as attorney's fees.

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Answered on 8/01/07, 6:40 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: lien from hoa

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.

Absolutely. Under Florida law, they have the right to place a lien for the amount of any unpaid assessment together with costs of recording, interest at the stated rate (up to 18% per annum), and a reasonable attorney's fee for having to file the Claim. If you do not pay, they can then foreclose on the Claim of Lien against your home. Your best bet is to take care of it within the timeframe given by them. They may even have a payment plan you can work with.

Scott R. Jay, Esq.

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Answered on 8/04/07, 11:51 pm


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