Property lein question

Started by ErikaR • 2 replies • 1325 views

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ErikaR (Florida)
Posts: 19

Posted:

I read an article but can't find it in the Florida statutes that stated in 10/2004 the legislature passed a law stating HOA's cannot put a lein against a property for failure to pay a special assessment only a failure to pay their annual dues. Does anyone know anything about this?

Erika

BrianB (California)
Posts: 2,820

Posted:

I can't speak to that, but many states are passing laws that forbid leins for FINES and such types of assessments, but allow them for not paying annual dues.

I would be very surprised if a special assessment (which typically means fees assigned to pay for major repairs, renovations, etc.) would be considered the same as a fee for leaving your trash can in the street.

SidneyP (Florida)
Posts: 302

Posted:

Brian is right....annual and special assessments are treated the same...a lein can be placed for failure to pay....a lein cannot be placed on a simple fine.

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