Lien letter in Florida

I received notice that a lien would be filed after 45 days, for an overdue amount of less than $150. The letter stated that i had 45 days to pay the amount due or foreclosure proceedings would ensue. About half of that overdue amount was late fees that were owed based on a misunderstanding of the amount I needed to pay 3 months prior, in order to bring my account current. Also included was a $40 fee to mail the certified lien letter. I had contacted both my HOA and management company letting them know i was anticipating getting behind due to money owed to me which required a court order forcing payment. Due to covid-19 the courts closed to these type of cases and my judgement letter went unsigned for months until a judge signed it outside of a hearing.

I immediately paid my balance due upon receiving the latter, but requested that fees be returned as this was due to the pandemic and out of my control (my income stream went down to social security only for multiple months until this judgement was signed). I sent many emails to my management company, asking for fee reimbursement and asking if the lien/impending foreclosure letter was directed by my HOA BOD or if it was the mgmt company policy. After 3 weeks of no answer, i emailed my HOA President asking the same question. He immediately emailed back saying I had been badgering the mgmt company so they were not responding to me. He then said that letter automatically generates when one is overdue and that he would no longer respond to any emails from me because I don’t like the answers.

Questions....Does the covid non-foreclosure edict affect HOA foreclosures? Is it right that the lien letter also discusses foreclosure as well as attorney fees, etc.....i thought a notice of lien could only mention lien, and if the outstanding amount is not paid a lien is filed at which time foreclosure discussion begins? Also, is the lien dollar amount supposed to include a $40 fee for mailing the lien letter?

The affairs of an association must go on without consideration. Bottom line is the OP got behind. S/he can list all the excuses they want to but so be it. If anything the OP should have gone to the BOD and see if they could have made some arrangements instead of just falling behind.

Definitely spoke multiple times with the mgmt company and BOD prez regarding court mediation in the fall resulting in a win for me, and the delayed judge’s signature due to covid closing the courts. Never was I close to 120 days late. My dues are $295/mo. so I was half a mo overdue, and 1/4 mo if you subtract the fines inflicted in the last couple of months....fines are charged after 14 days past due.

Yeah, Sus, I'm not seeing a way to judge this other than note you owed assessment, then fees, and then costs to collect - wait until the attorney fees start - I'd recommend pay up.

Sis,

Letter of Intent to Lien followed by 45 days, followed by the Lien.

Your issue does not sound like a C19 issue ... most folks don’t pay their assessments out of court proceeds ... they are normal living expenses ... connecting the two sounds a bit fishy.

I would not go to lien for that amount, but your association may have a lot of minor non payments that add up.

It sounds like the management company and not the Association who is calling the shots.

Lets keep in mind that income for many individuals have changed due to the pandemic.