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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10221
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have owned a condo in Orlando, Florida since 1999. I have

Customer Question

I have owned a condo in Orlando, Florida since 1999. I have faithfully paid the monthly assessments unfailingly. Sometime in 2010, the monthly assessment amount was increased but I was not notified. My bank continued to send the old amount. Nowever, rather than take steps to notify me to adjust the amount, the Condo Association continud to accruethe difference until it built up to a sizable amount which they then sent to a Collections Attorney. The Attorney is now threatening me that they will move to foreclose on the "lien" on my property. The actual total of the difference in the payments is $37.00 x 36 = $1,332 but by virtue of some crooked accounting, they are now asking me to pay over $16,000! How could they do this? What is the position of the law? What is my recourse? Please send a reply to***@******.***.
Thank you.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 3 months ago.

Dear Customer,

The issue is likely not so much an accounting one (accumulated late fees, interest, and collection charges can quickly add up to $16,000.00), but rather a legal one (improper notice and/or improper procedure by the association in raising the assessments is probably going to be your better defense).

So I would recommend saving your money on the accountant and hiring the civil litigation attorney if you want to fight the HOA on this. (Don't spend more than you would to simply settle the debt - that doesn't make very good business sense - but a lawyer can help you properly attack the HOA Board's actions and conduct).

A lawyer can just as easily evaluate the accounting as a CPA could, and you would save your money in not having to hire 2 professionals.

You can find local attorneys using the State and local Bar Association directories, or private directories such as;; or (I personally find to be the most user friendly).

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