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JimC16 (Florida)
Posts: 1
Posted:
Hi
I am new at this. I am the President of a small 20 unit HOA in Titusville Fl (Brevard county) We have 3 units currently in foreclosure or bankrupticy. And a forth going into foreclouser My Questions

1 How far back can we go to collect HOA fees
2 What is the process for placing liens on the units

thanks
TheI (Florida)
Posts: 40
Posted:
In Florida you can collect the last 5 years of unpaid dues but there is nothing that says you can't try for more. If the owner is not aware they only have to pay the last 5 years you may get lucky and collect the total due.
As far as liens, our lawyer takes care of those for us so I am not sure.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It is best to go through a lawyer the first time. You don't have to do the whole retainer thing. Alot of lawyers will do this for a nominal fee without signing a contract with them. Anything over $ 400 to $500 I would question. This legal fee is part of the lien anyways. However, some states allow some HOA's to file without a lawyer or for free. I would expect a fee in most cases.

Once the home hits foreclosure status it may be too late to file. Bankruptsy filings just put you in line with other debtors. Don't expect to get your money back from that. There are something called a "Super lien" in a few states. These liens are stronger and puts the HOA on the same level as the bank. Otherwise the bank ALWAYS gets paid first. Even if the HOA does the foreclosure.

Call your local courthouse and ask what they require to file a lien..Because a HOA is a corporation it may be the only reason it needs a lawyer to file. So make sure to state this and NOT as an individual...

Former HOA President

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