HOA Assessment Collections
HOA Assessment Collections
Under Florida law, homeowners associations and condominium associations are granted a unique ability to assess homeowners and unit owners for a portion of costs and expenses on behalf of the homeowners association or the condominium association. The ability for a homeowners association to collect assessments is provided for in Chapter 720, Florida Statutes. The ability for a condominium association to collect assessments is provided for in Chapter 718, Florida Statutes. Additionally, the governing documents for a homeowners association or a condominium association also set forth the association’s ability to make assessments.
Florida law also gives homeowners associations and condominium associations the ability to record a claim of lien for unpaid assessments against a homeowners’ parcel of property or a unit owner’s unit and gives the association the ability to foreclose that lien. However, in order to perfect a claim of lien, and in order to foreclose on a claim of lien, homeowners associations and condominium associations must strictly comply with all of the statutory notices and prerequisites. Otherwise, the claim of lien will be invalid and the association may be liable for the homeowner’s or the condominium unit owner’s costs and attorneys fees for taking action to invalidate the claim of lien.
Further if the homeowner or unit owner rents out their property, Florida law gives homeowners associations and condominium associations the ability to recover unpaid assessments owed by the homeowner or unit owner directly from the tenant of the property via monthly rental payments.
The attorneys at Heekin Litigation Group have experience representing homeowners associations and condominium associations in collecting unpaid assessments. We also have experience in foreclosing on homes and condominium units for the failure to comply with the governing documents and the failure to pay unpaid assessments.
In addition to having experience collecting from a homeowner or a unit owner, the attorneys at Heekin Litigation Group also have experience in collecting from mortgagees and subsequent purchasers of property. Geoff Heekin and Austin Hamilton have litigated both at the trial level and the appellate level the issue of whether the safe harbor provision of Sections 720.3085 and 718.116 applies to certain homeowners association or condominium associations.
If you have questions regarding the collection of unpaid assessments on behalf of your homeowners association or condominium association, or whether the homeowners association or condominium association are in compliance with all of the statutory prerequisites for recording and foreclosing claims of lien, please contact one of our experienced attorneys and we would be happy to provide you with a free consultation.
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