GaryF (Florida)
Posts: 2
Posts: 2
Posted:
I live in an HOA in Florida. When the officers put a lien on a property, we were told they do not have to use a lawyer, but they charge $150.00 lawyer fee. Is this legal?
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HOA Legal Fee
Started by GaryF • 5 replies • 2020 views
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TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Gary,
I can't speak to what fees are legal or not. Just because an Association doesn't have to use an attorney to file a lien doesn't prevent them from using one.
Typically, when a lien is filed, the costs associated with filing and removing the lien are added to the amount owed.
Tim
I can't speak to what fees are legal or not. Just because an Association doesn't have to use an attorney to file a lien doesn't prevent them from using one.
Typically, when a lien is filed, the costs associated with filing and removing the lien are added to the amount owed.
Tim
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Hi Gary:
Welcome to HOATalk. Per the Florida HOA statute:
720.3085 Payment for assessments; lien claims.—
(5) (a) The association may recover any interest, late charges, costs, and reasonable attorney’s fees incurred in a lien foreclosure action or in an action to recover a money judgment for the unpaid assessments.
I would say if they used a lawyer and “incurred” a fee then they can charge the $150 or any other reasonable amount paid for attorney … if they did not “incur” an attorney fee then no cannot pass on a fee which was not incurred.
Welcome to HOATalk. Per the Florida HOA statute:
720.3085 Payment for assessments; lien claims.—
(5) (a) The association may recover any interest, late charges, costs, and reasonable attorney’s fees incurred in a lien foreclosure action or in an action to recover a money judgment for the unpaid assessments.
I would say if they used a lawyer and “incurred” a fee then they can charge the $150 or any other reasonable amount paid for attorney … if they did not “incur” an attorney fee then no cannot pass on a fee which was not incurred.
LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
I don't know about Florida, but in Arizona one cannot collect reasonable attorney's fees if he has paid none.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
You can charge "Legal fees" on a lien. This amount sounds similar to what that amount may be. It could be the court filing fee. The HOA may not have a full time lawyer but you can hire one to file certain paperwork. Some state require a lawyer only to file a lien. So this could easily be a charge an attorney charges to do this type work.
Former HOA President
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
You can charge "Legal fees" on a lien. This amount sounds similar to what that amount may be. It could be the court filing fee. The HOA may not have a full time lawyer but you can hire one to file certain paperwork. Some state require a lawyer only to file a lien. So this could easily be a charge an attorney charges to do this type work.
Former HOA President
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