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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Can a Florida private country club insist a non equity member

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Can a Florida private country club insist a non equity member pays an assessment made partway through a year which was not agreed to by the non equity member and if we don't pay so can they put a lien our your home or ruin your credit?
Thank you for your question. Please permit me to assist you with your concerns.

This very much depends. Was this assessment voted upon? Before membership, did the member agree to pay all fees and expenses, and all assessments if necessary, or was this assessment option a surprise?
Customer: replied 4 years ago.

It was voted on of course we voted No and Yes it was a surprise the club also confirmed at a recent meeting that no plans had even been approved for the renovations but that they needed the additional money to proceed.

Thank you for your follow-up, Hilary.

The answer will likely not be very favorable to you, so I ask that you do not blame the proverbial messenger. If the membership and the articles under which the club operates allows for assessments, you as the member when the assessment is voted in AND collected is otherwise responsible for the costs. This is a contractual obligation that is based both on the conditions under which you became a member and is also based on when this assessment was ordered to be paid (not when it was ordered to be spent). So if you were or are a member, it is your obligation especially since you also had an opportunity to discuss and vote on the assessment before it was put into place.

I am genuinely sorry, I truly am, but this would not be something that you would be able to avoid.

Good luck.

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