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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35319
Experience:  16 years real estate, Realtor. Landlord 26 years
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My HOA is charging me that are not mine an if i 't pay they

Customer Question

my HOA is charging me for fees that are not mine an if i don't pay they have threaten to foreclose, what can i do.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to helpwith your situation or get you to someone who can.

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1. Can you explain what you mean by the fees aren't yours?

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2. Whose fees are they?

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3. Or are they just mistaken that you owe anything?

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4. Do you have proof of paying all your fees when due?

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5. Have they filed a lien on your property?

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thanks

Barrister

Customer: replied 1 year ago.
in have all of my payments , they claim that the previous owner owed some mine yet i have owned the property for over six years and have never heard anything before.
Expert:  Barrister replied 1 year ago.

Ok, then if it was the previous owner who owed any back dues, then you aren't legally responsible for them and if the former owner didn't pay them, then if they didn't file a lien on the property, the HOA can only go after the prior owner. If they did file a lien, and it wasn't paid off at closing, then you can contact the title company and they would be liable to pay the debt off.

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This is under FL Statutes(###) ###-####emsp;Payment for assessments; lien claims.—

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"(2)(a) A parcel owner, regardless of how his or her title to property has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments that come due while he or she is the parcel owner. The parcel owner’s liability for assessments may not be avoided by waiver or suspension of the use or enjoyment of any common area or by abandonment of the parcel upon which the assessments are made.

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You can tell them that if they file a lien on your property for the prior owner's dues, you will sue them for "slander on title" and the law states that you would be entitled to your attorney fees and costs of doing so to clear the lien.

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thanks

Barrister

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