The Elliot Legal Group, P.A. Offices | Fort Lauderdale and Boca Raton
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Fort Lauderdale, Florida 33306
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754-332-2101
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Can a Florida HOA Foreclose on a Home For Unpaid Fees?
Many Florida homeowners live in residences that have oversight by homeowner associations (HOA). These organizations create and enforce rules that all the residents are required to follow, as well as oversee the maintenance and repair of all common areas of the community. Incurred expenses are paid through fees residents are required to pay. Under Florida law, if a resident fails or refuses to pay these fees, the HOA has the power to foreclose on the resident’s property – even if they are current in their mortgage or own their home outright.
What Is an HOA?
HOAs are usually found in condominium complexes, subdivisions, mobile home communities, and other types of communities where there are common areas shared by all residents. When an individual purchases a home, they are required to become a member of the HOA and abide by all the rules it has in place. These rules are decided on by a board of directors. The board is comprised of residents who are elected by other residents. In addition to setting the rules, the board can also penalize residents who fail to abide by the rules. These penalties can include fines, restriction of privileges, or even lawsuits.
Member Fees
Members are also required to pay fees, either monthly or yearly, to share in the expense of the maintenance of the community, as well as any repairs that are needed. If a member fails to pay these fees, the board is allowed to pursue legal action, including foreclosing on the member’s property, however, there is a process the board must follow before taking the drastic step of petitioning for foreclosure.
The first thing the board must do is send the member a Notice of Late Assessment. This notice states that the member has 30 days to pay the amount they owe – referred to as an assessment. This amount due cannot include the amount of the HOA’s attorney fees.
After the 30 days have passed, if the assessment still has not been paid, the HOA will then need to send the member a Notice of Intent to Record a Claim of Lien. This notice must be sent at least 45 days before the HOA can file the lien against the member’s property.
Once the HOA records the lien, it has one year to begin the foreclosure process. If the member files a Notice of Contest of Lien, the HOA only has 90 days to begin the process. Before filing any foreclosure complaint, the HOA must send the member a Notice of Intent to Foreclose 45 days before actually filing the complaint.
Contact a Fort Lauderdale, FL Real Estate Lawyer
If your HOA is threatening foreclosure on your property for outstanding fees, contact a Broward County foreclosure attorney to find out what legal options you may have to fight the foreclosure. Call The Elliot Legal Group, P.A. at 754-332-2101 to schedule a confidential consultation.
Sources:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/Sections/0718.121.html
https://www.investopedia.com/terms/h/hoa.asp
