Legal Question in Real Estate Law in Florida

i missed 1 month hoa fee when i was out of town caring for my mother. i paid it when i realized it was overdue about 8 months later. the hoa has turned me over to legal. the mgmt team says "i cannot speak to the board" nor anybody from the management team. the law firm only communicated by mail.

the law firm sent me a letter indicating i owed 1271. in pas due assessments (when i sent them proof that all my payments have been made in a tmely manner from the period in question). also, i owe then $2200.00 or more in legal fees.

what can i do. i am disabled first of all and do not have that kind of money. they will not talk to me and let me know what all of this represents nor work with me.

please advise

thank you, susan baer

[email protected]


Asked on 1/13/10, 2:33 pm

2 Answers from Attorneys
Jean Winters Winters & Winters, PA

An HOA can record a lien and foreclose on that lien, for failure to pay assessments. FIrst, however, the HOA must give you 45 days notice, unless you have a mortgage foreclosure pending in any court. When you paid after 8 months, the money you paid went first to interest, then to late fees, then to attorneys' fees and finally to the assessment as required by Florida statutes. Therefore, it is likely that you have outstanding assessments due.

You need to call the attorney's office and ask for an itemized statement. Do not keep calling because they will keep charging you for each call.

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Answered on 1/18/10, 2:42 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

The fees sound way way too high -- but you will need a lawyer to help you out here.

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Answered on 1/18/10, 4:01 pm


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