HOA - Liens - do we need lawyers?

Desmond, I think the answer is yes - if the proper procedures are followed. We file notice of lien and release of lien after proper notification to the homeowner.

Just thought I'd throw into the mix of opinions what some Florida attorneys wrote about this....
I do know that there was a case where a FL CAM who filed liens was accused by the Bar Association of "practicing law without a license."

Board Preparing Liens Legal?
Question
Liens filed by our homeowners association are not filed by a Florida
attorney; they are filed by the association’s secretary or treasurer or
the president, and, sometimes the vice president. Is this action legal?
M.E., Tampa

Answer from Becker & Poliakoff
It is a bad decision by the board. They can be held accountable for
Unauthorized Practice of Law (UPL). That may not make the lien
invalid but if the matter had to go before a judge to enforce, the lien
could be tossed out because it was improperly drafted. Even worse, you
could file a false cloud on the title of the property. What your board does
not understand is that any legal expenses will be added to the lien for
the delinquent owner to pay. That means that the cost to the association
for an attorney is negligible as it is paid by the delinquent owner.
So why would the board try to save a delinquent owner expenses and
put the association in a very weak position by not using legal help?

It doesn't surprise me that lawyers say you should use a lawyer. Jeanne

In the state of Florida, a HOA can not file a lien themselves. It has to be filed by their representing attorney.
We use an automated software that mails all the billing, second notices, demand for past due assessments automatically And then if the owner has not paid, the system sends the attorney the lien form papers to be filed, all ready and automatically filled out, to his office, all he has to do is "rubber stamp his signature and file them at the local court house. He charges us $50 per lien, we assess the property a $150 lien process assessment.
Then when we recieve an estoppel letter, our system generates one on the property and the form is filled out and sent. Again, that is a $150 charge. That is how we handle these issues. The software does not discriminate when it assesses the fees. Interest bearing accounts are automatically assessed the interest. Our collections have increased dramatically!
So, in short, in Florida, an attorney must file the claim. Make sure your byLaws read that the lien and assessments are on the property. Some require the owner to be liened and not the property. But, you may be able to file a judgement against the owner if the dues are not paid. Consult your attorney.

MyComPlus Software Corp
The V.P's # is 352 505 1631

We use this software and are no way affiliated with it. We purchase a license to use it. Two great features they have, not previuosly mentioned, is their propietery software that alerts the association if the ownership changes hands or the owner's mailing address changes. And bulk E-Mail capabilities. This is the simplest software for any one to use. Simple point and click. And in the cloud, so it is not sitting on a desktop PC. They offered us the most features for the least amount of money. We recommend them, but we get nothing for that.
So, I want to make sure, I am not affiliated with the Company and I am not trying to sell their product. They just have a great product and superb customer support relationship.