Albert Moore, Attorney at Law

What Happens If I Don’t Pay My Homeowner’s Association Dues?

If you don’t pay your homeowner’s association dues, you won’t automatically be sued. You will receive a demand letter from the association and be given 45 days to pay your dues before a lien letter is sent out. If it’s not paid after 45 days, then the owner will receive the lien letter and an additional 45 days to pay. If they still do not pay, then a lawsuit can be initiated. A condominium association has to issue a 30-day notice alerting the owner that they will have a lien for a delinquent assessment, and that a suit will be filed if it is not paid. In both instances, the suit can be for a monetary judgment or foreclose on the lien.

Does Belonging To A Homeowner’s Association Or Condo Association Affect The Ownership Of My Property?

If you buy a home that is not in one of those types of associations, then you take the title to the home. However, when you take the title to a unit that is in an HOA or a condominium association, then that deed is restricted insofar as the owner of the property has to abide by the governing documents of the associations and the Florida statutes to cover HOAs and condominiums. If that property is transferred in any way, that restrictive covenant of having to be governed by the governing documents and the statute comes with the land. So, anybody that takes that property takes it subject to those regulations and restrictions. In that sense, it does affect ownership.

How Detailed Can The Regulations Imposed By The HOA Or The CA Be In Florida?

The regulations can be extremely detailed. Parking is an area that comes up a lot, and that includes whether or not you have a designated space or section in which to park. If there is no designated space, then the question becomes how many vehicles and what type of vehicles are allowed. Sometimes work vehicles, work vans or pickup trucks are not allowed in the association. They certainly have the right to restrict that, and that is why people who are anticipating buying or renting within an HOA or condo association should make sure to look closely at the rules and regulations. There are also restrictions that can apply to the number, size and breed of pets that are allowed.

Can A HOA Charge The Homeowner For Attorney Fees In A Legal Dispute?

It depends. If the response requested of the attorney is an opinion on how to handle a situation but it doesn’t appear from the facts that the owner is in violation, or if they determine that the owner is in violation but they decide not to litigate it, then it would not be a situation where the association would collect legal fees from the owner. With collections of delinquent assessments, the declaration and the statute typically provide for attorney’s fees, late fees and interest payments. The declaration will almost always have a provision that says if the association has to enforce any of the terms of the violation and ultimately hire counsel to file suit in order to make an owner comply, then the association would be entitled to the attorney’s fees.

For more information on Delinquency Of Homeowner’s Association Dues, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (772) 242-3600 today.

(772) 242-3600

Related Articles