Advice with liens in Florida - part 2

Started by DianeW • 4 replies • 1241 views

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DianeW (Maryland)
Posts: 147

Posted:

We have filed liens on 15 of the developers unsold lots and 1 additional lot owned by a separate individual. The individuals lien was filed in October 2008. I have read and reread Florida statutes re liens but am confused as to what to do next. The individual has filed for bankruptcy but did not list us as a creditor. He has walked away from the lot and the County is trying to sell it at a tax sale. This man owes around $800. What should our next step be or do we just write this off as an unpaid debt? Can someone explain the lien process to me for Florida HOA's?

I have tons of questions and we should seek attorney input but are cash strapped because of low dues and nonpayment by others. I will further say that I have been asking the President to seek advice re this but have not had much success.

EllenS1 (Florida)
Posts: 1,148

Posted:

The only advice I can give is to keep the liens current and one of these days you may collect. Whoever buys the properties should have to pay off these liens if they are current.

PeterB1 (Florida)
Posts: 257

Posted:

We were recently successful in getting a "Summary Judgment" against a homeowner. As a result we received 2 years worth of association dues per a court order. This followed the 'lien' actions - which really don't 'get' the money!

You need an attorney for this - but, the good news is that you can add the attorney fees to the judgment.

SheilaH2 (Florida)
Posts: 11

Posted:

Peter
I'm new to adding a post on this site and am trying to learn the ropes. I've been reading a lot of good, useful information. I replied to a post from you that was quite old, but mentioning the "Summary Judgment" and after reading this post, see that an attorney is needed. Thanks for the info. Our HOA is still in control by the Developer. There are 125 homeowners and 100 unsold lots. There are about 10 homes facing foreclosure. One in bankrupcy.

One other question I have, is, can the HOA file a claim of lien on a homeowner in bankrupcy? They abandoned the home and the owner stated that the Lender is foreclosing and told us to file the lien, but I don't know if that is legal. We couldn't file while in foreclosure and we were listed and couldn't bill the homeowenrs for dues, whatever that means.

Anyway, thanks for any reply. I'm reading a lot about the legalities of HOA's in the FL statutes.

PeterB1 (Florida)
Posts: 257

Posted:

Shelia,

You REALLY need an attorney to answer your questions.

I can only tell you of our experiences. Two of the homes in our HOA were threatened with foreclosure by the bank. In the legal document used to initiate foreclosure, we (the HOA) was named as an additional defendant.

Our attorney prepared the appropriate response (a legal document) to insure that our claim (for back dues) remained valid. Should you fail to respond, it seems the bank can ignore your claim.

Bottom line - sometime you REALLY need an attorney.

peter

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