💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

GeorgeS21 (Florida)
Posts: 3,808
Posted:
It's always something ...

314 SFHs ... I'm the president of the Board.

Attorney was preparing to lien a property for non payment of assessments - around $600 total - eight months in arrears of this year's dues, including fees and interest.

Found that owner had died and there was an active probate case ongoing.

Attorney asked (via email) if wanted to discuss - this is usually a couple hundred bucks.

My sense is a Statement of Claim in the probate matter would mean we have a seat at the table?

We would file a lien at the same time.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I am not exactly sure how a lien works in probate court per se. Especially if filed after they are deceased. It's usually atleast a 6 month process or more for probate to process. Which may have the property turned over to a family member. So may hold off on the lien until probate has wrapped up.

We never excused not paying dues, but in the cases of loss of a family member, we sometimes would forgive that month's dues. Just because of all of the stress and change of hands. Felt awkward to try to approach a family in time of loss to pay up.

Former HOA President
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By GeorgeS21 on 11/15/2019 2:02 PM
My sense is a Statement of Claim in the probate matter would mean we have a seat at the table?


Correct. Start looking for publication of a "Notice to Creditors." Or check your local probate court under the name of the deceased, and see who the estate's executor is. Write her or him directly. See https://www.linslawgroup.com/blog/2014/01/what-is-a-notice-to-creditors-in-a-florida-probate.shtml

If the lien is cheap, place it. Chances are fair that the house will be sold as a part of the estate. But of course this will not happen until the lien is paid.
GenoS (Florida)
Posts: 4,276
Posted:
George, I think you can file a creditor claim with the probate court and that will get you a seat at the table if you need it. Honestly, for $600 I wouldn't bother with a lien. In Florida the new owner can be held liable for the debt of the previous owner, so you could go after the new owner if the estate doesn't pay off the balance due. Furthermore, if a prospective purchaser obtains an Estoppel Certificate, that certificate should also reflect the outstanding balance. No purchaser in his or her right mind would sign on the dotted line unless and until that unpaid balance is taken care of by the seller.

I wouldn't recommend a lien for $600 that's only going to put money into an attorney's pocket. For $6,000 I would, but not for $600 where there's a high liklihood that you're going to get paid anyway.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here