Legal Question in Real Estate Law in Florida

Did you receive any notice from the law firm or HOA when your payment was due warning you of potential attorney's fees? What do your homeowner's association documents state?

If your HOA declaration of covenants allows for lien and foreclosure, then yes, the HOA can lien and then foreclose. Unfortunately, there is no law requiring the association to send you a notice before sending your account to an attorney for collection. Florida Statutes 720.3085 authorizes attorneys fees for the mailing of a 45 day notice of the association's intent to record a lien, and the actual postage for the delivery of the letter. $500 seems pretty high for one letter, but I have seen attorneys charge as much as $750 without filing a lien- which I would challenge (and have challenged) as excessive. An attorney is also considered a debt collector under the Fair Debt Collection Practices Act and their first contact with the consumer (you) must meet certain requirements.