Can an HOA foreclose on a claim of lien when proper notification was not given and request for proof of obligation was denied? What is my recourse?

Received a letter from HOA atty notifying me that he has been instructed to foreclose the claim of lien. This is the first written notification. Previous notices were sent to the prior owner. Spoke once to the president of the HOA requesting documentation of charges and was refused. Now they are demanding over $1000 for late fees, int and atty fees. HOA payments are current. This is over alledged late fees

Asked on March 16, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is entirely posisble that through some error in lack of notification concerning the lien that you are writing about that the HOA can go ahead and foreclose on a claim of lien through the legal process of the state that you live in. Before matters get out of hand and beyond a siutation where the dispute could possibly be remedied for a reasonable amount of money, I recommend that you immediately consult with an attorney experienced in the area of lien law as well as planned unit developments.

If you are the new owner of the unit and have paid what you owe, you should not be responsible for the prior owner's delinquent homeowner's dues assuming you purchased the parcel through an established escrow. I would also contact your escrow company and real estate agent (former) about the situation.


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