Legal Question in Real Estate Law in Florida

My property is a condo apt in Fort Lauderdale, Florida, some time ago the condo board placed a lien against my property for unpaid maintenance fees and assessments, I paid the full amount of the lien (including legal expenses) and brought my account up to date, however just recently I fell behind on my fees, and found myself threatened with the SAME lien document, I had assumed that this had been removed when all the monies due had been paid.

My questions are:

1. Can this same lien be held over me?

2. If so is it indefinite or there a time limit?

3. Is there anything I can do to force its removal?


Asked on 7/24/09, 9:03 am

1 Answer from Attorneys
Steven Meyer CPLS, P.A.

When you brought your account current, the association should have released that lien. They do this by recording a "release of lien" in the public records of Broward County. You should send them a letter asking them to record a release of the first lien.

However, now that you've fallend behind again, the association can record a new lien for the amount that is currently due. You will have to work out the payment for that amount. There is no time limit for the association to record the lien, so by asking them to release the first lien, that will just spur them into recording the second lien.

If after asking them to release the first lien, they do not do so for some reason, then you could pursue legal action. However, that would be very expensive if you hire an attorney. You would get your attorney's fees back if you are the prevailing party, but it probably would not be worth spending the money. Just keep asking them to release the first lien and they should do so.

Read more
Answered on 7/26/09, 1:53 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida