Legal Question in Real Estate Law in Florida

I currently reside in and own my condominium, we have been consistent with association fees until they had a change in office management and they stopped mailing association due reminders hence, I fell behind for three months. I was notified that I was behind for three months when the office posted a notice on my door. A week after they posted the first notification they posted a second one stating "second notice" (one week apart). The notification on the second notice had the original notification date as a month prior (no notification was received prior to the first one).

I contacted the office by e-mail advising them of the notifications, dates and time received, I also advised them I would take care of the delinquent payments over the next two months.

My first partial payment was made a month after, my e-mail correspondence but was later notified by the association over the phone that my payment was forwarded to attorney.

Can they place a lien on my property because of the delinquent / legal fees and does my notification of payment arrangement to the office give me any grounds to dispute their actions?

In addition, should I have been fore warned /advised that unpaid balances will be forwarded to attorney for collection?

Did they follow all legal procedures and what should I do at this point?

Thanks


Asked on 11/26/09, 2:29 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Check your HOA documents, but with near certaintity, yes they can place a lien on your prooperty when you do not pay and telling you will pay later does not prevent sending your debt to a collections attorney. Notices are not required to trigger your payment obligation. You need to find a better methiod of keeping up with your bills.

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Answered on 12/01/09, 9:13 am


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