Legal Question in Landlord & Tenant Law in Florida

real estate law

i live in a condo w/ a mortgage (bank of america). my mortgage is paid on time, my problem is with the ''condo association''. I havn't paid my dues in 6 months. there are 5 members of the association that are going to ''vote'' this week on weather or not to ''evict'' me. can they do that? is it legal? what are my rights?


Asked on 5/07/08, 8:45 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: real estate law

They can put a lien on the condo. They can forclose the lien just like a bank can foreclose a mortgage. You end up paying the attorneys fees and costs. You can lose the condo if the amount is large enough.

Read more
Answered on 5/08/08, 7:35 am
Scott R. Jay Law Offices of Scott R. Jay

Re: real estate law

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

When you live in a condominium, you have an obligation to abide by the Declaration of Condominium, By-Laws and Rules and Regulations. Part and parcel of that is the requirement to pay your maintenance fees which are assessed against your unit.

If you fail to pay, Chapter 718 of the Florida Statutes and the association's instruments will allow it to file a Claim of Lien and then after a period of 30 days to foreclose on that Claim of Lien. You may lose the ownership of your residence as a result.

This is a serious matter which should not be taken lightly. If you can not resolve your situation with the Association, you should immediately consult a qualified real estate attorney to discuss your problems and get advice on the best way to handle the matter.

Scott R. Jay, Esq.

Read more
Answered on 5/07/08, 12:13 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Florida