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Can my condo be foreclosed on for delinquent fees to the Homeowner's Association?

Can my condo be foreclosed on for delinquent fees to the Homeowner's Association?

Q: What happens if you don't pay HOA fees in Florida?

In Florida, if you don't pay HOA fees, the association can impose late fees, charge interest, and eventually file a lien against your property. If the debt remains unpaid, the HOA may initiate foreclosure proceedings. It's important to respond to any notices and seek legal advice if you're facing financial difficulties.

Q: How common are HOA lawsuits?

HOA lawsuits are relatively common, especially regarding unpaid fees or enforcement of community rules. Disputes can arise over various issues, including maintenance responsibilities and property modifications. If you're involved in a dispute, it's advisable to consult with a legal professional familiar with HOA laws.

Q: Can you be sued for not paying HOA fees?

Yes, you can be sued for not paying HOA fees. The homeowners association has the right to take legal action to recover unpaid fees, which may include filing a lawsuit against you. If the case goes to court, you may be responsible for the fees owed, plus any legal costs incurred by the HOA.

Q: What happens if I ignore the HOA?

Ignoring the HOA can lead to serious consequences, including increased fees, legal action, and potential foreclosure on your property. The HOA may file a lien against your home and pursue collection efforts. It's best to address any issues directly with the HOA to avoid escalation.

Full question:

I have become severely deliquent on payments to the maintenence fees associated with my townhouse in Broward County, FL. The lawyers office handling the collections only accept communication and requests in writing and during this slow process they have tacked on over a thousand dollars in late fees and lawyers costs. I am ready to start paying this debt off. However, just this week I was served with a summons from the Sheriff at my front door with a complaint from the lawyers office and danger of foreclosure of lein. It says I have 20 days to respond and that I might want to seek legal help. I have started sending in payment already. Can they come take my house? Do they mean foreclosure on the property or foreclosure on the lein? Do I need a lawyer?

Category: Real Property
Subcategory: Homeowner's Association
Date: 04/07/2025
State: Florida

Answer:

It sounds like they want to foreclose on the property. I suggest you consult with a local attorney who can review all the documents and facts involved.

Please see the information at the following link:

http://definitions.uslegal.com/f/foreclosure/

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if I refuse to pay HOA fees?

If you refuse to pay HOA fees, the association may take legal action against you. This can include filing a lawsuit to collect the debt or seeking a lien against your property. In some cases, failure to pay can lead to foreclosure on your home, especially if the HOA pursues a lien foreclosure. It's crucial to communicate with your HOA and address any financial issues as soon as possible.

What happens if you don't pay HOA fees in Florida?

How common are HOA lawsuits?

What does Florida law say about a community association charging attorney fees to owners for past due assessments?

Florida law allows community associations to charge attorney fees to owners for collecting past due assessments. These fees must be reasonable and typically are included in the governing documents of the association. Owners should review their association's rules and consult legal counsel if they have concerns about these charges.