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In the state of Florida, can a HOA obtain a lien because of…

In the state of...

In the state of Florida, can a HOA obtain a lien because of an unpaid fine because of a HOA violation?

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

No. There is no case yet. We are having trouble with the developer trying to change deed restrictions. One of them is no roll down shutters except during hurricane season. We use them as sun shades (we face east and west) as the sun is intense, glare shades, can't see the computer, nor t.vv.;Security, overnight and when away say for a holiday.

Lawyer's Assistant: Have you talked to a FL lawyer about this?

No.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Florida statute says violation fine can't be more than 100 dollars per violation and no more than 1000 dollars aggregate. Then it says HOA or developer can't get a lien for a fine over 1000 dollars. That's the way I read it. I'm not a lawyer, so I would like an opinion. Thank you

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Answered in 1 minute by:
3/17/2018
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,265
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Customer reply replied 4 months ago
O.K.

You have the right amounts here.

HOAs have the power to place a lien on the homeowner’s property if he or she becomes delinquent in paying the monthly fees and/or any special assessments (collectively referred to as “assessments”). Once any HOA homeowner becomes delinquent on the assessments, a lien will usually automatically attach to that homeowner's property, typically as of the date the assessments became due. In some cases, the HOA will record a lien with the county recorder to provide public notice that the lien exists, regardless of whether recordation is required.

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Depending on the terms in the CC&Rs, the homeowner may be liable for charges such as:

  • the unpaid assessments
  • late charges
  • reasonable costs of collecting (for example, attorneys’ fees)
  • fines (in some cases), and
  • interest.

Not only will an assessment lien cloud the title to the property, thus hindering the homeowner’s ability to sell or refinance, but also it can be foreclosed and the property sold to satisfy the debt.

Foreclosure of HOA Liens

If an HOA has a lien on a homeowner’s property, it may foreclose on that lien (even if there is a mortgage on the property) as permitted by the CC&Rs and state law. The HOA can foreclose either through judicial foreclosure or a nonjudicial foreclosure, depending on state law and the terms in the CC&Rs.

To judicially foreclose an assessment lien, the HOA must file a lawsuit against the homeowner and obtain a judgment from the court granting permission to sell the home to satisfy the HOA’s lien. To nonjudicially foreclose, the HOA does not have to go through state court, but rather follows specific procedures as dictated by state law, as well as the CC&Rs. (Learn more about the difference between judicial and nonjudicial foreclosure.)

You can try to dispute this with HOA, once it has been turned to collections you pay or they foreclose here in Florida through the courts.

I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it is much appreciated.

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Let me know if you have more, thanks.

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Customer reply replied 4 months ago
Ray, this would be a fine for using your roll down shutters for other than a hurricane. Does that make a difference?
Customer reply replied 4 months ago
It is not an assessment nor failure to pay dues. It is for something that is not in our deed restrictions now, but they are trying to amend the restrictions to get it in.

No its an HOA fine here they can turn it to collections if you don't pay.I understand your frustration the HOA may have some informal process here.

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Customer reply replied 4 months ago
the fine can lead to a lien.

Yes it can here they have the law on their side I am afraid.Thanks.

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,265
Experience: Texas Attorney for 30 years dealing in real estate
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Customer reply replied 4 months ago
Thank you, Ray
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