Legal Question in Real Estate Law in Florida

I live in Miami-Dade County, FL., I recieved a letter from my Association Attorney 2 years ago that my property was place in a Lien from funds owe for unpaid Association fees which was not true but never went to court with my Attorney regarding this matter because the Association Attorney did a dismissal paperwork from court regarding this Lien case. A month later the Association Attorney sent me a new notice of intention to file claim of lien for unpaid Association Fee but I have all the proof from the bank checks that the Association has collect the money on time. my ? is can this lawyer pursue the first case or is it close.


Asked on 12/22/10, 5:36 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

The attorney can file a claim for unpaid dues, so long as he believes that your dues are in arrears. It doesn't matter when they weren't paid. You need to get with your management company and find out why they aren't keeping their records straight. If you have a dismissal, then THAT case can only be started again, if the case was dismissed without prejudice, meaning that it can be reopened.

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Answered on 12/27/10, 6:59 pm


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