What recourse does a homeowner have against an HOA if it hires an attorney at the homeowner’s expense rather than using the mail or a phone call to communicate?

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What recourse does a homeowner have against an HOA if it hires an attorney at the homeowner’s expense rather than using the mail or a phone call to communicate?

The owner is less than 30 days in arrears on HOA fees. As a condominium owner, one of the clauses in the condo docs allows the board to assess the homeowner “reasonable legal fees” for the collection of late HOA fees.

Asked on October 29, 2012 under Bankruptcy Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written it appears that the HOA is purposefully trying to run up attorney's fees against you concerning the dispute that you have with it in that reasonable attorney's fees are determined by the court under the circumstances and facts of a given matter.

I would write the HOA a letter stating that the retention of the attorney is done so as a means to run up attorney's fees against you and not necessarily to resolve the dispute.


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