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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110519
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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hope you got tip, want to ask more so I can tip more, first

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hope you got tip, want to ask more so I can tip more, first I am so sleepy, I cant get back to where I read the 90 days, second, if the lien placed for those fees expires and invalidates the lien ,does that perhaps also, invalidated their right to reclaim the fees in the future, since they failed to prosecute or commence enforcement , like you snooze you lose ???
Thank you for your response and yes I did get the tip, thank you for that.

If you click on the links I provided you, you will see the 90 days in the notice they put in the statute that must be sent on the lien and in the statute itself.

The failure to pursue the lien only means they lose the lien, not the right to pursue the claim, as that can be pursued under breach of contract.

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Customer: replied 3 years ago.

Bummer, and I assume they can pursue foreclosure, simply under breach of contract, than why would Hoas bother with filing liens if in florida a judicial state they could always foreclose without a lien,??? Other than in hopes the owner will pay up to remove the lien without the foreclosure process occurring,

Thank you for your response.

Yes, if they get a judgment on breach of contract they can place a judgment lien (different than the dues lien) and seek to foreclose on that judgment by taking the property. It takes them longer to get a judgment on breach of contract and then to go through the judgment lien foreclosure/seizure process and thus it costs them more money to do it. With the HOA lien, they can place the lien and then within 90 days they can sue to foreclose on the lien, much more expedient and economical if they do it right.
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