Florida HOA Dues

Started by EdieL • 7 replies • 2053 views

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EdieL (Virginia)
Posts: 86

Posted:

Can anyone on this site tell me if in Fla., Hoa can file a lien/forclosure
for non payment of dues when there is a medical hardship?
Thanks, Edie

AnnaD2 (Florida)
Posts: 960

Posted:

Edie, I seriously doubt ANY reason for non-payment of dues will make an impact on the actions that need to be taken.

Boards can not pick and choose "why" or "why not" a lien or foreclosure is implemented. They don't have a choice. They can't pay favorites. That part of their responsibility is a "job" and they don't have an option to "ignore" a lien or foreclosure when non-payment of maintenance fees or assessments are not made.

It's a rough, rough world out there right now. Please don't blame your board if they take action....they're bound by the laws of the State and have no choice. Just remember.....it may be (personally) ripping their hearts out to do so.....but they can't pick and choose who this hapens to.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Edie,

That certainly would depend on a negotion between the owner and the BOD. It has happened but almost always, the dues are to be paid by hook or crook. Then there is "what is the definition of a medical hardship. How long will it take to get back to payment?

One of my Fl associations tried to pass a non rental policy except for a "hardship" of an owner. That was successfully challenged in court by an owner because there was NO definition of what constituted the hardship. So yes, a HOA can file a lien/forclosure for non payment of dues.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Edie,

A financial hardship may preclude a member from paying his assessment, but a medical hardship -- I think not! I doubt there is a fed law which justifies this either.

FredS7 (Arizona)
Posts: 927

Posted:

You should regard HOA payments as similar to mortgage and tax payments. You MAY be able to work out a payment plan in the event of financial difficulty resulting from a medical problem. You will still need to pay the money, sooner or later.

FredS7 (Arizona)
Posts: 927

Posted:

AdamsC- you KNOW this is inappropriate posting and you have been reported.

EdieL- be careful where you get help or you may end up deeper in debt.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Fred,

This is a 2009 thread reactivated by AdamsC for the purpose of posting SPAM.
He did this to a 2007 thread as well.

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