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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

BruceS3 (Florida)
Posts: 33
Posted:
I have just taken over as President in our HOA (Florida) and after going through the finacial books I discoverd that 4 residents have not paid their dues for the last year. When I questioned the treasurer she told me that she had notified the president and he never sent out the letters.
I am not sure how to proceed on this. Our rules state that if someone has not paid by the grace period (30 days) that they will be fined daily until they do. Is has been almost a year and since no letters were sent I am wondering if I did the following if it would be the correct method.
Send a letter to the residents (return receipt requested) that owe us, and let them know that they have 10 working days to pay up with no fine or we will start fining them on the 1st working day after up to the maxium allowed by law and then turn it over to a lawyer for action.
Would this be considered proper even though it has been almost a year and they were never contacted after the first normal due letter was sent out?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Bruce,
State Statute 720;3085 has the entire process for dealing with your situation and must be followed in this manner.

720.3085 Payment for assessments; lien claims.--

(
(3) Assessments and installments on assessments that are not paid when due bear interest from the due date until paid at the rate provided in the declaration of covenants or the bylaws of the association, which rate may not exceed the rate allowed by law. If no rate is provided in the declaration or bylaws, interest accrues at the rate of 18 percent per year.

(a) If the declaration or bylaws so provide, the association may also charge an administrative late fee in an amount not to exceed the greater of $25 or 5 percent of the amount of each installment that is paid past the due date.

(4) A homeowners' association may not file a claim of lien against a parcel for unpaid assessments unless a written notice or demand for past due assessments as well as any other amounts owed to the association pursuant to its governing documents has been made by the association. The written notice or demand must:

(a) Provide the owner with 45 days to make payment for all amounts due, including, but not limited to, any attorney's fees and actual costs associated with the preparation and delivery of the written demand.

(b) Be sent by registered or certified mail, return receipt requested, and by first-class United States mail to the parcel owner at his or her last address as reflected in the records of the association, if the address is within the United States, and to the parcel owner subject to the demand at the address of the parcel if the owner's address as reflected in the records of the association is not the parcel address. If the address reflected in the records is outside the United States, then sending the notice to that address and to the parcel address by first-class United States mail is sufficient.

(5) The association may bring an action in its name to foreclose a lien for unpaid assessments secured by a lien in the same manner that a mortgage of real property is foreclosed and may also bring an action to recover a money judgment for the unpaid assessments without waiving any claim of lien. Such action may not be brought until 45 days after the parcel owner has been provided notice of the association's intent to foreclose and collect the unpaid amount.

(a) The association may recover any reasonable attorney's fees incurred in a lien foreclosure action or in an action to recover a money judgment for the unpaid assessments.

(b) The association may purchase the parcel at the foreclosure sale and hold, lease, mortgage, or convey the parcel.

(6) If after service of a summons on a complaint to foreclose a lien the parcel is not the subject of a mortgage foreclosure or a notice of tax certificate sale, or the parcel owner is not a debtor in bankruptcy proceedings, the parcel owner may serve and file with the court a qualifying offer at any time before the entry of a foreclosure judgment. For purposes of this subsection, the term "qualifying offer" means a written offer to pay all amounts secured by the lien of the association plus interest accruing during the pendency of the offer at the rate of interest provided in this section. The parcel owner may make only one qualifying offer during the pendency of a foreclosure action.

(a) The parcel owner shall deliver a copy of the filed qualifying offer to the association's attorney by hand delivery or by certified mail, return receipt requested.

(b) The parcel owner's filing of the qualifying offer with the court stays the foreclosure action for the period stated in the qualifying offer, which may not exceed 60 days, to permit the parcel owner to
BruceS3 (Florida)
Posts: 33
Posted:
Thanks for the info! That is what I needed to know. I have checked our bylaws and we do charge interest for overdue payments.
I have drafted a letter and sent it to the board memebers for approval at which time we will send them out to the delinquent residents.
I have learned more from this forum than anywhere else. Keep up the good work.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Bruce,
There is more to the section under 720;3085 regarding liening so when you get a chance, do call it up and print it out. What I posted was basically what you need to proceed.
BruceS3 (Florida)
Posts: 33
Posted:
Will do and again thanks!

🎯 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